ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

 

Criminal Bail Application No. 1652 of 2016

 

Applicant:                             Muhammad Safdar alias Don s/o. Nazar

                                                Muhammad, through Mr. Muhammad Imran Meo,

                                                Advocate.

 

Respondent:                          The State, through Mr. Abdullah Rajput.

 

Complainant:                        Muhammad Adnan s/o. Abdul Salam 

                                                (nemo)

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Date of hearing:                    08.02.2017

Date of order:                        08.02.2017

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O R D E R

 

Zafar Ahmed Rajput, J:-     Through instant criminal bail application, the applicant/accused Muhammad Safdar alias Don s/o. Nazar Muhammad seeks post arrest bail in Crime No. 45 of 2010, registered at PS Zaman Town, Karachi under Section 302/34 P.P.C. His earlier application for grant of bail bearing No. 1617 of 2016 was heard and dismissed by the learned Ist Additional Sessions Judge, Karachi East, vide order dated 04.08.2016.

 

2.         As per the F.I.R., Muhammad Farooq, the elder brother of complainant was murdered on 21.01.2010 at 0045 hours with fire arm shots at Katcha Jhonpra Hotel by some unknown persons.

 

3.         The learned counsel for the applicant/accused has submitted that the applicant is innocent and has falsely been implicated in this case; that the incident is unseen one and the applicant was arrested by police after more than six years of the alleged incident on 03.04.2016 in Crime No. 106/2016 registered at PS CTD, Karachi under Section 23-I(A) of Sindh Arms Act, 2013  and only evidence against him is his confessional statement, which as per prosecution he made before  police officials during course of interrogation of said offence, which is not admissible under Qanun-e-Shahadat Order, 1984.

 

4.         On the other hand, learned APG has opposed this application on the ground that a number of cases are registered against the applicant and the veracity of confessional statement made by the applicant before police officials is to be examined by the trial Court during trial. 

 

5.         I have considered the arguments advanced by the learned counsel for the parties and also perused the material available on record.

 

6.         It is and admitted position that the applicant/accused is not nominated in the F.I.R. and he was arrested after more than six years of the alleged incident. The only material prosecution has against the applicant/ accused to connect him with commission of alleged offence is his extra-judicial confession, which is not admissible under Articles 38 and 39 of the  Qanun-e-Shahadat Order, 1984. Under the circumstances, the case of applicant/ accused falls within the ambit of further inquiry as envisaged in sub-section (2) of section 497, Cr. P.C. I, therefore, admit him to bail, subject to furnishing solvent surety in the sum of Rs.3,00,000/- (Rupees Three Hundred Thousand only) and P.R. Bond in like amount to the satisfaction of the trial Court.

 

JUDGE

Athar Zai