ORDER SHEET
IN
THE HIGH COURT OF SINDH, KARACHI
Cr. B. A. No.826 of
2022
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DATE ORDER WITH SIGNATURE
OF JUDGE(s)
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For hearing of bail
application
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05.07.2022
Mr. Gulzar
Hussain Bukhari, advocate for applicant Ibad-ul-Rehman
Ms. Rubina Qadir, Dy. Prosecutor General
Sindh
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It is the case of the prosecution
that complainant Muhammad Nasir and his witness were robbed of their cell
phones and other belongings for that the present case was registered. On
investigation, one of the cell phone was found to have been purchased and sold
by the applicant therefore he together with the rest of the culprits was
challaned accordingly.
The applicant on having been refused
bail by learned IV Additional Sessions Judge Malir,
Karachi has sought for the same from this Court by way of instant bail
application under Section 497 Cr.PC.
It is contended by learned for the
applicant that the applicant being innocent has been involved in this case
falsely by the police otherwise he has nothing to do with the alleged incident.
By contending so, he sought for release of the applicant on bail on point of
further inquiry.
None has come forward to advance
arguments on behalf of the complainant. However, learned DPG for the State has
opposed to release of the applicant on bail by contending that he has retained
the robbed cell phone with him dishonestly.
Heard argument. Perused record.
The FIR of the incident has been
lodged with delay of two days that too against unknown culprits, who on
investigation were found to be Abdul Sattar and Saifullah. The allegation against the applicant is only to
the extent that he purchased and sold one of the robbed cell phone, which
constitute an offence punishable under section 412 PPC, such transaction, if
for the sake of argument, is believed to have taken place, even then it is not appearing
to be malafide. The case has finally be challaned and 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