ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. B. A. No.668 of 2022

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DATE ORDER WITH SIGNATURE OF JUDGE(s)

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Before:

Mr. Justice Irshad Ali Shah

04.07.2022

Mr. Kausar Ali Shar, advocate for applicant Abdul Ghaffar

Ms. Rubina Qadir, Dy. Prosecutor General Sindh

None for the complainant
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It is alleged that the applicant robbed complainant Shoaib of his vallet containing Rs.1200/- for that he was booked and reported upon. On having been refused bail by learned Additional Sessions Judge XI Karachi South, the applicant has sought for the same from this Court by way instant application under Section 497, Cr.PC.

It is contended by learned counsel for the applicant that the applicant being labourer has been involved in this case falsely by the complainant on account of his professional dispute with him; the recovery has been foisted upon him and he is in custody since five months without effective progress in trial of his case, therefore, he is entitled to be released on bail on point of further inquiry.

None has come forward to advance arguments on behalf of the complainant. However, learned Deputy P.G. for the State has opposed to release of the applicant on bail by contending that the applicant was apprehended promptly and from him has been secured the robbed property and incriminating pistol.

Heard argument. Perused record.

The apprehension of the applicant with the robbed property and crime weapon, soon after the incident by a police officer is appearing to be significant. The applicant has not been put to identification parade through the complainant before the Magistrate. The robbed property and crime weapon, if any, is alleged to have been foisted upon the applicant. The case has finally been challaned. There is no apprehension of tampering with the evidence on the part of the applicant. In these circumstance, a case for release of the applicant on bail on the point of further inquiry obviously is made out.

In view of above, the applicant is admitted to bail, subject to his furnishing surety in sum of Rs.50,000/- and P.R. bond in the like amount to the satisfaction of learned trial Court.

The instant bail application is disposed of accordingly.

J U D G E