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