ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. B. A. No. 1216 of 2022

(Hilal Khan vs. The State)

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DATE ORDER WITH SIGNATURE OF JUDGE(s)

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For hearing of bail application

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18.07.2022

Mr. Bacha Zaib, advocate for the applicant

Mr. Faheem Hussain Panhawar, D.P.G for the State

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Irshad Ali Shah J.—It is alleged that the applicant with rest of the culprits in furtherance of their common intention committed murder of Osama by causing him fire shot injuries during course of robbery of his mobile phone for that the present case was registered.

The applicant on having been refused bail by learned VII Additional Sessions Judge/MCTC-II Karachi Central has sought for the same from this court by way of instant application under Section 497 Cr.P.C.

It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police on the basis of statements of co-accused, therefore, he is entitled to be released on bail on point of further inquiry.

Learned DPG for the State has opposed to release of the applicant on bail by contending that he is vicariously liable for the commission of incident.

Heard arguments and perused the record.

Name and description of the applicant are not appearing in the FIR though it is lodged with delay of about one day; he has not been subjected to identification parade and apparently has been involved in commission of incident on the basis of statements of co-accused Muhammad Samiullah, Muhammad Salman and Abdul Rahim as facilitator of the crime, those statements even otherwise are inadmissible in evidence. In these circumstances, a case for release of the applicant on bail on point of further inquiry is made out.

In view of above, the applicant is admitted to bail, subject to his furnishing surety in sum of Rs.200,000/- (Rupees Two Lacs Only) 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