IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 933 of 2017

Faraz Ahmed…………….………………………...…………………..Applicant

Versus

The State…………………………….……………..……………….Respondent

Date of hearing and order : 14.07.2017

Applicant in person

Mr. Muntazir Mehdi, APG for State

O R D E R

FAHIM AHMED SIDDIQUI, J: This order will dispose of instant bail application moved by applicant who is facing trial in the case registered vide Crime No.242/2016 at PS Brigade under Section 324/34 PPC.

As applicant is appearing in person therefore he was called from jail on issuance of P.O and heard. Learned APG was also heard. On the basis of arguments, I have observed as under :-

A) Allegation against applicant is that he along with co-accused Faizan had attacked upon complainant and co-accused Faizan fired on complainant which caused injury on his right leg while the applicant caused butt below on the head of complainant’s friend.

B) Motive of the incident is an earlier episode during which complainant saved a boy from clutches of applicant to whom he was beating.

C) Learned APG stated that medical evidence is not available in police file. In the Final Report (challan), nature of injuries caused to complainant is not mentioned and sections which have been mentioned in final report are Section 324/34 PPC.

D) Allegation against applicant is that he caused butt blows on the head of one Kashif but in absence of nature of injuries, allegations are after thought and cannot be relied upon.

E) Learned APG also points out that applicant is also involved in other cases under Section 392 PPC and 13-D. As per CRO only three cases were earlier registered against applicant being FIR No.190, 192 and 193 of 2014 under Section 392/34, 188 PPC and 23(i)(A) Sindh Arms Act but it appears that all these FIRs pertain to one and single incident as dates of FIRs are the same.

In view of above observations, I am of the considered view that case for grant of bail is made out in favour of applicant. As such applicant is granted bail subject to furnishing surety in the sum of Rs.50,000/- and PR bond in the like amount to the satisfaction of trial Court. It is observed that if after getting concession of bail, applicant/accused misuses the same or violates bail bond, then the trial Court will be at liberty to take any action against the applicant including cancellation of bail without making any reference to this Court. Bail Application stands disposed of.

J U D G E