IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 1077 of 2017

Kamran alias Langra……….…...………………...…………………..Applicant

Versus

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

Date of hearing and order : 02.08.2017

Mr. Muhammad Akbar Awan, advocate for applicant

Mr. Muntazir Mehdi, D.P.G.

O R D E R

Fahim Ahmed Siddiqui, J: This order will dispose of instant bail application moved on behalf of applicant Kamran alias Langra who is involved in Crime No.159/17 under section 381-A PPC at PS Azizabad ACLC.

2. While pressing instant bail application, learned counsel for the applicant submits that he is innocent and has been falsely involved in the instant crime. He further submits that only stolen motorcycle was recovered from possession of applicant hence at the most, offence under section 411 PPC is made out which does not fall within the prohibitory clause of Section 497 Cr.P.C. He further submits that trial Court has dismissed bail application of applicant on the ground that he is involved in many criminal cases. According to him, other criminal cases do not make a ground for rejection of bail application. He took reliance upon 2017 SCMR 279.

3. Learned DPG opposes instant bail application by submitting that stolen motorcycle was recovered from possession of applicant and there is no enmity against police. According to him, he is a habitual criminal and after getting bail, he becomes absconder. He submits that applicant belongs to a gang of motorcycle snatcher.

4. I have heard the arguments advanced and perused the material available on record. Applicant is alleged to be involved in different criminal cases and he remained absconder. Learned counsel for applicant denied allegation of absconding of applicant. As far as involvement of applicant in many cases is concerned, it will not make a ground for rejection of bail and plea of hardened and desperate criminal will only be considered when he is convicted in criminal cases in the past as it has not been argued on behalf of State that applicant has ever been convicted. Therefore, I am of the view that case for bail is made out. Accordingly, bail application is allowed and applicant is admitted to bail subject to furnishing solvent surety in the sum of Rs.50,000/- and PR bond in the like amount upto the entire satisfaction of trial Court.

J U D G E