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. 

 

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