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Criminal Bail Application No. 289 of 1987, decided on 24th March, 1987.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 392‑‑Bail, grant of‑‑Accused allegedly armed with revolver while committing robbery‑‑Accused apprehended at spot‑‑Revolver not recovered from accused‑‑Co -accused allegedly taking away revolver‑‑Case, held, was of further inquiry‑‑ Bail granted in circumstances.

K.M. Nadeem for Petitioner.

Syed Sarfraz Ahmed, A.A.‑G. for the State.

The report of the incident was lodged by one Hamza Khan wherein he has stated that he is a rickshaw driver and two persons engaged his rickshaw. When he reached Shahrahe Quadeen Chowrangi, Mazar‑e -Quaid‑e‑Azam they asked to turn the rickshaw towards M.A. Jinnah Road. As soon as he reached at the back side gate of Mazar‑e‑Quaid‑e Azam, the present applicant, sitting behind him, caught hold of him by neck and kept revolver at his neck. It is further stated that the present applicant Ghulam Sarwar also hit the butt of the revolver to the complainant. The co‑accused took out Rs.150 from his pocket and gave him fist blows. In the meantime a police mobile reached there and apprehended the present applicant while the co‑accused escaped from the scene alongwith the revolver.

2. The learned counsel for the applicant has stated that there was quarrel between the complainant and the accused on the fare. It is significant to note that it is alleged that the present applicant was armed with revolver but revolver was not recovered from him and it is stated that the co‑accused had escaped alongwith the revolver. No one is going to believe circumstances of the case. It is alleged that the present applicant was apprehended then how the revolver had been taken by the accused In these circumstances it is a case of further enquiry. The applicant is admitted to bail. He be released on furnishing surety in the sum of Rs.10,000 (Rupees ten thousand only) and P.R. in the like amount to the satisfaction of the trial Court. Any observation on the merits of the case is not binding on the trial Court.

S.A. /S‑18/K Bail granted.

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