Law:

Section:

Criminal Procedure Code (V of 1898)--- ---S.497---Penal Code (XLV of 1860), S.395---Dacoity---Bail, refusal of---No probability of false implication---Recovery of robbed property at the instance of accused----Effect---Accused allegedly robbed cash and a mobile phone belonging to the complainant---Although accused was neither arrested on the spot nor his name appeared in the F.I.R., but subsequently after an encounter with the police he was arrested in another case and the complainant along with prosecution witness identified accused to be the same culprit who had robbed him---Accused voluntarily led the police towards his house and produced the robbed mobile---Mashirnama of recovery of mobile phone was prepared on the spot in the presence of complainant and prosecution witness---No enmity existed between complainant and accused, therefore, question of false implication of accused did not arise---High Court observed that snatching of mobile phones was rapidly growing in the society and people were being deprived of their valuables on gun point, therefore, grant of bail to accused at present stage would amount to encouraging such offences---Bail application of accused was dismissed accordingly. ORDER AFTAB AHMED GORAR, J.---Through this order, I intend to dispose of instant bail application filed by applicant. Applicant is booked in Crime No.311 of 2012, under section 395, P.P.C., Police Station Gulistan-e-Johar. Applicant in the first place applied for bail before learned IV-Additional Sessions Judge, Karachi-East, who dismissed the same per order dated 14-11-2012. Against the aforesaid order present bail application has been filed. The facts of the prosecution case, in nutshell, are that complainant lodged F.I.R. at Police Station Gulistan-e-Johar, stating therein that on 5-6-2012 at about 1130 hours when he reached on his motorcycle at Kamran Chowrangi after withdrawing cash of Rs.1,95,000 from Standard Chartered Bank, meanwhile one Suzuki Hi-roof white colour hit his motorcycle and he fell down and three boys and one aged person of about 40/45 years de boarded from the said Suzuki Hi-roof and on show of weapons robbed cash of Rs.1,95,000 and mobile phone…

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