ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Cr. B.A. No.537 of 2018
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DATE ORDER WITH SIGNATURE(S) OF JUDGE(S)
FOR HEARING OF BAIL APPLICATION
30.4.2018
Mst. Shakeela Saleem, mother of applicant
Mr. Saghir Abbasi, APG
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ORDER
Abdul Maalik Gaddi, J. Having remained unsuccessful in obtaining his release on bail from the trial Court in Crime No.27/2018 registered under Section 392/34 PPC at PS Samnabad, Karachi. Now the applicant Salman Saleem son of Saleem Murshid is seeking his release on bail through instant bail application.
2. The allegation against the applicant is that on the relevant date and time as mentioned in FIR, when the complainant was going on his motorcycle for business purpose and when he reached at service road of Fire Brigade Station, Block-20, Federal ‘B’ Area, Karachi, the present applicant/ accused along with co-accused Muhammad Aamir snatched the mobiles namely Samsung S-4 and Nokia Lumia on gun point and then were arrested by the Police.
3. It appears from the record that this bail application has been filed by the mother of the applicant/ accused Mst. Shakeela Saleem. She submits that she is a poor lady and could not engage the services of an advocate. Therefore, she may be allowed to be heard, as such, she has been heard.
4. It is stated that the case against applicant/ accused is false and has been registered due to enmity; that her son has already been granted bail in the connected case by the trial Court in Crime No.28/2018 registered under Section 23(i)A of Sindh Arms Act, 2013 at PS Samnabad, Karachi; that her son is behind the bar since his arrest and trial has not been concluded.
5. Learned APG has opposed this bail application on the ground that the name of the applicant is appearing in FIR with specific role that he has snatched the mobile phones from the complainant.
6. I have given my anxious thoughts to the contentions raised at the bar and have gone through the case papers so made available before me.
7. It appears from the record that this applicant/ accused has been granted bail by the learned XII-Senior Civil Judge, Karachi (Central) in Crime No.28/2018 of PS Samnabad on 24.3.2018, almost on the basis of same facts. However, I myself have gone through the case paper so made available before me. It appears that the challan against applicant/ accused has been submitted before trial Court and this applicant/ accused is no more required for investigation. Moreover, the innocence or even the guilt of the applicant/ accused entirely depends upon the conclusion of the trial, definitely, trial will take some indefinite time. There is nothing on record to show that the applicant is a previously convict or has been involved in a case of similar nature in past. Moreover, the punishment of the offence, for which the present applicant/ accused has been booked in this case does not fall within the prohibitory clause of Section 497 CrPC.
8. Keeping in view the above stated position, case requires further inquiry and bail application needs merit consideration. Consequently, it stands allowed and thereby applicant/ accused named above is hereby admitted to bail subject to furnishing his solvent surety in the sum of Rs.20,000/- and PR bond in the like amount to the satisfaction of trial Court.
9. Needless to mention here that the observation, if any, made in this order is tentative in nature and shall not effect the merits of the case. It is made clear that during proceeding, if the applicant/ accused misuses the bail, then trial Court would be competent to cancel the same after hearing the applicant and learned DPG. Since it is a robbery case, therefore, trial Court is further directed not to grant any unnecessary adjournment to either side and decide the case as early as possible, preferably within the period of 03 months under the intimation to this Court through MIT-II.
Judge
asim/pa