IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 826 of 2018

Mukhtiar Iqbal..…..………………………………...…………………..Applicant

Versus

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

Date of Order : 06.08.2018

Mr. Abdul Waheed Kazi, advocate for the Applicant.

Mr. Imtiaz Hussain Talpur, advocate for the complainant.

Ms. Seema Zaidi, DPG for State.

O R D E R

FAHIM AHMED SIDDIQUI, J: The applicant has move instant bail application for his release on bail during pendency of trial. He is involved in a criminal case registered against him by lodging FIR No. 179/17 at PS Rizvia Society, Karachi under Section 324, 34 PPC.

I have heard the arguments advanced and perused the relevant record. Through whatever said and placed before me, I have observed as under :-

a) The allegation against the applicant is that on account of an old enmity, he alongwith co-accused participated an episode of ineffective firing upon the complainant party;

b) The enmity between the parties is very much reflected from the contents of FIR;

c) As per the contents of FIR, the applicant and his associates were trying to pressurize the complainant party to enter into a compromise in respect of incident of murder of complainant’s brother;

d) It is worth to mention that the allegations against the applicant and other co-accused are general in nature;

e) The alleged recovery from the place of incident is said to be taken place after a considerable delay of alleged incident;

f) The complainant party has also lodged an FIR pertaining to murder of complainant’s brother but in the said FIR, name of applicant is not mentioned;

g) It is also notable that co-accused Muhammad Iqbal has been granted bail in the same FIR as such rule of consistency is attracted.

In view of above observations, it is my tentative opinion that the applicant is entitled for bail, therefore, instant bail application is granted and the applicant is admitted to bail in the sum of Rs.100,000/- with PR bond in the like amount to the entire satisfaction of trial Court. However, if the applicant misuses the concession of bail or fails to appear before trial Court, then trial Court is empowered to take every action against the applicant as well as surety including cancellation of bail without making reference to this Court.

I would like to make it clear that above observations are tentative in nature and have been made only for deciding instant bail application and same would have no effect or impact upon the case of either party during trial.

These are the reasons for my short order dated 06.08.2018.

J U D G E