Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.324, 353 & 392---Attempt to commit Qatl-i-Amd, assault or criminal force to deter public servant from discharge of his duty and robbery---Bail, refusal of---Tentative assessment of evidence---Prima facie case---Accused was arrested at the spot and looted articles were recovered from him---Private complainant in the case, was an eye-witness---Accused alleged no enmity with private person or with police---Crime weapon was recovered from possession of accused and there was no delay in lodging of FIR---Effect---Cases in which accused persons were arrested and looted articles were recovered, should be left for Trial Court to adjudicate---Tentative assessment was to be made at bail stage and accused was connected directly with the crime---Bail was declined in circumstances. Shehzore v. The State 2006 YLR 3167; Suleman v. The State 2004 YLR 104; Tariq Bashir v. The State PLD 1995 SC 34 and Muhammad Hussain v. The State 1995 PCr.LJ 488 distinguished. ORDER SHAHAB SARKI, J.---The applicant has come to this Court after the Bail Application moved by him before the learned Sessions Judge, Karachi, South, in FIR No.219/2014, under sections 392, 324, 353, 34, P.P.C. at Police Station Preedy, Karachi was dismissed vide order dated 24-4-2014. Briefly the facts of the case as stated in the FIR are that the complainant Shaukat Ali was proceeding to the Mobile Market to repair his mobile set and when he reached behind St. View Church, two persons, who were on Motorcycle, suddenly came out and one of them took out his pistol and snatched the Mobile Set Nokia Company-1600 and 6303 and cash Rs.600. Meanwhile, a Police Mobile reached at the spot and the said Police Mobile hit Motorcycle of the accused persons. In such a situation, one of the co-accused managed to escape, while the present applicant was caught hold of by Police and the Pistol and looted articles were also recovered from him. Thereafter, challan has been submitted on 15-4-2014, in which one private person and three Police Personnel have been mentioned as witnesses. Learned counsel for the applicant has argued that this is a case of…

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