ORDER SHEET

               IN THE HIGH COURT OF SINDH AT KARACHI

                                       Cr.B.A.No.138 of 2020

 For hearing of bail application

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17.3.2020

Mr. Qadir Khan Mandokhail, advocate for the applicant

Mr. Ali Asghar, advocate for complainant

Mr. Ali Haider Saleem, Deputy Prosecutor General

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Irshad Ali Shah-J:       It is alleged that the applicant with rest of the culprit after having formed an unlawful assembly and in prosecution of their common object, objected to raising of construction by the complainant over his property without paying “Bhatta” to them and in that way they not only committed theft of construction material but made an explosion over the property under construction, for that the present case was registered.

On having been refused bail by learned Judge, Anti-Terrorism Court No.XI, Karachi, the applicant has sought for the same from this court by way of instant bail application under section 497 Cr.P.C.

It is contended by the learned counsel for the applicant, that the applicant being innocent has been involved in this case falsely by the complainant party; the FIR has been lodged with delay of more than two months; the applicant is a public servant; PW Muhammad Ibrahim has not supported the case of prosecution by filing his affidavit before this Court and Co-accused  Muhammad Shoaib, Muhammad Siddiq @ Shadu, Zohaib and Younus Soomro have already been let off by the police on due investigation finding them to be innocent. By contending so he sought for release of the applicant on bail on point of further inquiry.

Learned DPG for the state and learned counsel for the complainant have sought for dismissal of the instant bail application by contending that the applicant is fully involved in commission of incident and he is having no right to disturb the ongoing construction work. In support of their contention, they have relied upon case of State/ ANF vs. Aleem Haider reported in 2015 SCMR 133.

We have considered the above arguments and perused the record.

The FIR of the incident has been lodged with delay of more than two months, such delay could not be lost sight of. The civil suit over the subject property is said to be pending before the Court having jurisdiction. There is general allegation of the incident against the applicant. Co-accused Muhammad Shoaib, Muhammad Siddiq @ Shadu, Zohaib and Younus Soomro with utmost similar allegation have already been let off by the police finding them to be innocent. In these circumstances, the guilt of the applicant obviously is calling for further inquiry.

The case-law which is relied upon by learned DPG for the State and learned counsel for the complainant is on distinguishable facts and circumstances. In that case, the bail granted to the accused who was found exporting huge quantity of Heroin power was cancelled by Hon’ble Supreme Court of Pakistan mainly for the reason that he is found involved in commission of incident. In the instant case, no export of Heroin powder is involved and case of the applicant is found to be of further inquiry.

In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.1,00,000/- and PR bond in the like amount to the satisfaction of learned trial Court.

Needless to state that observation made above are tentative in nature may not influence case of either of the party at trial.   

The instant bail application is disposed of accordingly.

                                                                                                    JUDGE

                                                                                    JUDGE

asim/pa