ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Cr. B. A. No. 1288 of 2022
(Qaisar Mehmood 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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21.07.2022
Mr. Muhammad Ibrahim Sheikh, advocate for the applicant
Syed Meeral
Shah Bukhari Addl. P.G for the State
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Irshad Ali Shah J.—It is alleged that the applicant with rest of the culprits robbed
complainant Muhammad Yaseen and his witnesses of their cell phones and other
belongings as are detailed in FIR, for that the present case was registered.
2. The applicant on
having been refused post-arrest bail by learned Sessions Judge, Karachi South has
sought for the same from this Court by making instant bail application u/s 497
Cr.P.C.
3. 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 statement of
co-accused by making foistation of certain robbed articles upon him; the complainant
by filing his affidavit has already recorded his no objection to grant of bail
to the applicant, therefore, he is entitled to be released on bail on point of
further inquiry.
4. Learned Additional Prosecutor
General for the State has opposed to release of the applicant on bail by
contending that the offence which he has committed is affecting the society at
large.
5. Heard arguments and
perused the record.
6. The applicant is
named in FIR as witness subsequently, he was made an accused of the incident on
the basis of statement of co-accused which
is inadmissible in evidence; the recovery is alleged to have been foisted upon
the applicant by police. More so, the complainant by filing his affidavit/statement
has recorded no objection to grant of bail to the applicant by stating therein
that he is absolutely innocent. In these circumstances, a case for release of
applicant on bail obviously is made out.
7. In case of Muhammad Najeeb vs. State (2009 SCMR 448),
it has been held by Honourable Supreme Court of Pakistan that;
“Complainant initially had nominated the
accused in the FIR but later-on through an affidavit he has expressed his
satisfaction with regard to innocence of the accused, the case of the accused
was of further enquiry”.
8. In view of above,
the applicant is admitted to post arrest bail subject to his furnishing solvent
surety in the sum of Rs.100,000/- (Rupees One Lac Only) and P.R bond in the
like amount to the satisfaction of learned trial Court.
9. The instant bail
application is disposed of accordingly.
J
U D G E