Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.392/34---Robbery---Bail, grant of---Further inquiry---Name of accused did not appear in the F.I.R.---No identification parade had been held before the Magistrate---Description of allegedly recovered mobile phone from accused had not been mentioned, either in the F.I.R. or in the recovery memo---Mobile phone SIM belonging to the complainant had not been recovered from accused---None of the articles allegedly snatched from the complainant as per F.I.R. was recovered from accused or his co-accused---Said facts had made the case of accused of further enquiry in terms of subsection (2) of S.497, Cr.P.C.---Accused was admitted to bail, in circumstances. Muhammad Suleman v Riasat Ali and another 2002 SCMR 1304; Muhammad Rafique v The State 1997 SCMR 412; Atta Muhammad v The State 2004 PCr.LJ 1431 and Syed Saeed Shah v. The State PLD 2002 Kar. 98 rel ORDER MUHAMMAD TASNIM, J.---Applicant Asif son of Firdous Ali is booked in Crime No.185 of 2011 at P.S. Azizabad registered under section 392/34, P.P.C. 2. In the first place the applicant applied for bail before V-Additional Sessions Judge, Karachi Central, who vide his order dated 25-8-2011 dismissed the bail application. Against the aforesaid order present bail application has been filed. 3. Facts as set out in the F.I.R. are that on 8-8-2011 complainant Syed Abdul Ghani has lodged F.I.R. stating therein that on 7-8-2011 he was going on his motorcycle bearing Registration No.KAE 5249 from Ayesha Manzil to Liaquatabad and when reached at Karimabad Old Market where people were protesting over load-shedding and they have also set a blaze on road. He stopped his motorcycle near over-head bridge when at about 8-00 p.m. three young boys came near him and one boy who was of tall height took out pistol and directed him to hand over whatever in his possession and thereafter they snatched his Nokia Mobile Phone, cash Rs.5/6 thousands, ATM Card, identity card, document of his motorcycle and duplicate Identity Card, hence this F.I.R. 4. Learned counsel for the applicant in support of his bail application has submitted that applicant was not nominated…

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