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Criminal Miscellaneous No.1444/B of 1987, decided on 10th June, 1987.

---S.497--Offences Against Property (Enforcement of Hudood) Ordi nance (vi of 1979), S.17--Bail, grant of--Accused in jail for about five months and challan not yet sent to Court against them--Accused persons were not named in first information report--Stolen property recovered from them being ordinary currency notes which did not furnish reasonable grounds to believe that accused had committed offence of Haraba--Bail granted in circumstances.

M. Afzal Khan Niazi for Petitioners.

Sh. Muhammad Afzal for the State.

On the night of 6-1-1987, Haji, Bashir Ahmad complainant alongwith his relatives, namely, Naseer: Ahmad, Muhammad Tariq, Muhammad Nawaz and Aqil with their families were travelling by wagon No.5646/STP driven by Muhammad Anwer from Multan to Mauza Laiti, police station Timman, where -they had to condole the death of a relation of their. At 12-45 a.m., near Pul Punnu Khelanwala, Talagang Road, they had to stop their wagon as a long was lying in the middle of the road. All of a sudden about 12/13 unidentified persons armed with fire-arms encircled the wagon, brought out the passengers and deprived them of their cash and watches. Rs.9,000/- from the complainant, Rs.750/- from Naseer Ahmad and Rs.1,500/- from Muhammad Nawaz were snatched besides the wrist watches of Naseer Ahmad, Muhammad Tariq, Muhammad Amir and Muhammad Anwer driver.

2. A case was registered on the same night at police station Sadar Mianwali. The description of the dacoits given in the FIR was that some of them were tall and some of them were of medium height with slim and ordinary statures.

3. During the investigation besides Ghulam Muhammad and Inayat Ullah petitioners, Majeed, Nawaz and Rafi Ullah were arrested. Ghulam Muhammad was arrested on 30-1-1987 while Inayat Ullah was arrested on 1-2-1987. Currency notes of Rs.300/- were recovered from each of them. Ghulam Muhammad was not arrayed in any test identification, however, Inayat Ullah was picked up by Bashir Ahmad complainant and Muhammad Nawaz PW as being one of the culprits in an identification parade held on 19-2-1987. It may be pointed out that Majeed co-accuaed of the petitioners has been bailed out by the lower Court, but the same relief was declined to the petitioners, hence this application.

4. It is contended that the petitioners are in jail for about 5 months; that they are not named in the FIR; that their description particularly the facial features and colour have not been given in the FIR; and that Ghulam Muhammad petitioner was not put on any identification parade whereas Inayat Ullah petitioner had been shown to the PWs before arraying him in the test identification; that the so-called recovery of currency notes from the petitioners does not connect them with the crime as the notes are of common pattern and their numbers were "riot given in the FIR, therefore, it cannot be said with certainty at this stage that they are guilty of committing the offence of Haraba. Learned counsel for the State though opposed the petition yet failed to controvert the points raised by the learned counsel for the petitioners successfully.

5. Having considered the facts and circumstances of the case, without expressing on merits, I find that the petitioners are in jail for about 5 months and challan has not yet been sent to Court against them; that they are not named in the FIR; and that the stolen property recovered from them being ordinary currency notes, prima facie not furnish reasonable grounds to believe that the petitioners have committed the offence of Haraba. Consequently, I allow this petition. The petitioners are directed to be released on bail subject to their furnishing bail bonds in the sum of Rs.30,000/ each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Mianwali.

M.Y.H./G-56/L Bail granted.

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