THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail Application No.633 of 2018
Applicants : Muhammad Akram and others
through Mr. Rao Taj Muhammad, Advocate
Complainant : Muhammad Asif Khan Jadoon (in person)
Respondent : The State through Mr. Sagheer Abbasi, APG a/w IO/ ASI M. Shahid PS Boat Basin
Date of hearing : 17.5.2018
Date of Order : 17.5.2018
ORDER
Abdul Maalik Gaddi, J: Applicants/ accused are present on interim bail granted to them by this Court vide Order dated 03.5.2018. Today this bail application is fixed for confirmation or otherwise.
2. The allegations against applicants/ accused are that on the relevant date and time, they have made an attempt to put oil tanker of the complainant into fire.
3. It is contended by learned counsel for applicants/ accused that case against applicants/ accused is false and has been registered due to business enmity. He further submits that FIR is delayed by 03 days, for which no satisfactory explanation has been furnished. Therefore, on this ground false implication of the applicants/ accused in this case with due deliberation and consultation could not be ruled out. He further submits that all sections applied in FIR are either bailable or their punishment do not fall within the prohibitory clause of Section 497 CrPC except Section 436 PPC and it is yet to be determined at the time of trial whether the applicants in fact have made an attempt to put the oil tanker of the complainant into fire or otherwise, therefore, according to him, it requires further probe.
4. Learned APG opposed this bail application on the ground that serious allegations have been leveled against the applicants/ accused and the bail of the applicants/ accused had already been rejected by the trial Court due to their non-appearance before the trial Court.
5. Complainant present in Court in person submits that he had registered FIR against accused persons due to misunderstanding, therefore, he has no objection if the bail to the applicants/ accused is confirmed.
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 the alleged incident took place on 10.4.2018, whereas FIR was lodged on 13.4.2018 after the delay of 03 days for which no explanation has been furnished. Therefore, on this ground alone false implication of the applicants in this case with due deliberation and consultation could not be ruled out. On perusal of case paper, it appears that there is only allegation against the applicants/ accused that on the relevant date and time present applicants/ accused have made an attempt to put the oil tanker of the complainant into fire. Complainant present in Court submits that FIR has been registered due to some misunderstanding. Admittedly, the complainant was not present on spot but he has registered the FIR on the basis of information conveyed to him by his Driver Sabz Ali. Therefore, it is yet to be determined at the time of trial whether in fact he has given correct information to the complainant of the alleged incident or otherwise till then case of the applicants requires further probe.
8. In view of the above facts and circumstances, I have come to this conclusion that the applicants/ accused have made out a case for confirmation of bail. I, accordingly confirm the interim order already extended in favour of the applicants on same terms and conditions with direction to the applicants/ accused to appear before the trial Court to face the trial as and when applicants have summoned by 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 in case if the applicants/ accused misuse the bail before the trial Court, then trial Court would be competent to cancel the bail of the applicants after due notice and hearing the applicants.
10. In view of the above, this bail application is allowed in above terms.
JUDGE
asim/pa