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Initializing Secure Chambers
Petitioner: ASIF RAZA VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Amir Hani Muslim Title: ASIF RAZA vs THE STATE Case No.: Criminal Bail Application No,446 of 2006 Date of Judgment:2006-06-05 Reported As: 2006 P Cr. L J 1628 Result: Bail granted
Judgment ORDER ' AMIR RANI MUSLIM, J.--- The applicant was arrested in Crime No,285 of 2005 under section 392 read with section 34, P.P.C. Registered at Police Station Baghdadi, Karachi (South). After arrest of the applicant formal challan was submitted and now the applicant is facing trial. The applicant has moved bail application before the trial Court, which was dismissed, inter alia, on the ground that since the applicant was apprehended at the spot, therefore, he is not entitled to the concession of bail. ' Learned counsel for the applicant submitted that no recovery has been effected from the applicant and the maximum punishment for the alleged offence is 10 years and, therefore, the applicant is entitled to bail. As against this. Learned A.A.-G. Opposed the bail application as the applicant along with two other co-accused had robbed the mobile phone. According to him, the other two co-accused made their escape good while the applicant was arrested. ' I have heard the learned counsel and perused the record. Investigation has been completed, challan has been submitted and recovery has not been effected though the applicant was arrested from the spot and therefore, in my view it is a case of further inquiry. Applicant is, therefore, enlarged on bail subject to his furnishing surety in the sum of Rs,50,000 with P.R. Bond in the like amount to the satisfaction of the trial Court.
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