THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail Application No.426 of 2019

Applicant                   :           Mst. Sofia Faisal Godil through Mr. Abdul Hakeem,

advocate

Complainant            :            None present.

Respondent              :            The State through Mr. Zahoor Shah, Deputy Prosecutor General Sindh along with SIP/ IO Shakeel Ahmed, SIU/ CIA, Saddar, Karachi

Date of hearing         :           16.4.2019

Date of Order            :           16.4.2019

ORDER

Abdul Maalik Gaddi, J:    Applicant/ accused is present on interim bail granted to her by this Court vide order dated 28.3.2019. Today this bail application is fixed for confirmation or otherwise.

2.       The allegation against the applicant/ accused is that she along with co-accused Syed Qaiser Kamal Shah has committed the offence of misappropriation of funds in the company (Mehran Enterprises) as stated in FIR.

3.       It is stated by learned counsel for applicant that the case against the applicant/ accused is false and has been registered due to enmity; that the alleged incident took place in between 03.10.2018 to 03.11.2018, but the FIR was lodged on 18.12.2018 after the delay of about more than 02 months, for which no satisfactory explanation has been furnished, as such, he was of the view that on this ground alone false implication in this case with due deliberation and consultation could not be ruled out; that challan has been submitted and this applicant/ accused is no more required for investigation; that applicant/ accused has no previous criminal history for her involvement in the similar type of cases; that co-accused Syed Qaiser Kamal Shah has already granted bail by this Court, which has already been confirmed by this Court vide order dated 26.3.2019 and the case of the present applicant/ accused is almost on same facts, therefore, according to him this applicant/ accused is also entitled for same relief.

4.       Learned Deputy Prosecutor General assisted by I.O. of the case has opposed this bail application on the ground that the applicant/ accused is involved in a case of serious and heinous in nature.

5.       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.

6.       It is an admitted position that alleged incident took place in between 03.10.2018 to 03.11.2018, but the FIR has been lodged on 18.12.2018 after the delay of about more than one month for which no satisfactory explanation has been furnished. Notice of this bail application was issued to the complainant for hearing but nobody has appeared on his behalf. I.O. of the case is present in Court and submits that the case has been challaned and this applicant/ accused is no more required for investigation.

7.       During the course of arguments, I have specifically asked the question from learned D.P.G., whether the present applicant/ accused is involved in other similar type of criminal cases. He replied in negative. Applicant/ accused is a lady and admittedly challan has been submitted against her. Co-accused Syed Qaiser Kamal Shah has already been granted bail by this Court and the case of the applicant/ accused is almost on same facts and the punishment of the offence in which the present applicant/ accused is booked does not fall within the ambit of prohibitory  clause of Section 497 Cr.PC. No exceptional circumstance is appearing in this case to withhold the bail of the applicant/ accused.

8.       Under the aforementioned facts and circumstances, I have come to this conclusion that applicant/ accused has made out a case for confirmation of bail. I, accordingly, what I have observed above, confirm the interim bail in favour of the applicant/ accused on same terms and conditions with direction to applicant/ accused to appear before the trial Court to face the trial.

This bail application is disposed of in above terms.

JUDGE

asim/pa