ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Criminal Bail Application No. 294 of 2022
(Mst. Shafqa @ Madiha and another 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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02.08.2022
Mr. Zia Ahmed Awan, advocate for the applicants
Mr. Talib Ali
Memon Assistant P.G for the State
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Irshad Ali Shah J.—The facts in brief necessary for disposal of
instant bail application are that Mst. Meseera when was lodged at Edhi Centre
Clifton, Karachi was allegedly done to death by the applicants and others in
furtherance of their common intention by way of maltreatment and asphyxia and
then they caused disappearance of evidence in order to save themselves from
legal consequences, for that the present case was registered.
2. The applicants, on having been refused
pre-arrest bail by learned III-Additional Sessions Judge, Karachi South, have
sought for the same from this Court by way of instant bail application under
section 498 Cr.PC.
3. It is contended by learned counsel for
the applicants that the applicants being innocent have been involved in this
case falsely by the police; the FIR of the incident has been lodged with delay
of more than two years, even then it does not contain the name of applicant
Nazia; the identity of the dead body of the deceased is doubtful; witnesses are
unnatural and co-accused Mst. Azra Bibi and Siddique have already been admitted
to bail, therefore, the applicants being females and volunteers of Edhi Centre who
were having no reason or ill-will to have killed the deceased are also entitled
to be admitted to pre-arrest bail on point of further inquiry, consistency and
malafide.
4. None has come forward to advance
arguments on behalf of the complainant. However, learned A.P.G for the State
has opposed to grant of pre-arrest bail to the applicants by contending that they
had committed murder of an innocent girl and then had caused disappearance of
evidence to save themselves from legal consequences.
5. Heard arguments and perused the record.
6. The FIR of the incident has been lodged
with delay of more than two years, such delay could not be overlooked. Name of
applicant Mst. Nazia is not transpiring in FIR. The case has finally been
challaned, the applicants being females have already joined the trial and there
is no allegation of misusing the concession of interim pre-arrest bail on their
part. Co-accused Mst. Azra Bibi and Siddique have already been admitted to bail
by learned trial Court. In these circumstances, a case for grant of pre-arrest
bail to the applicants on the point of further inquiry, consistency and
malafide obviously is made out.
7. In case of Meeran Bux vs. The State and others (PLD 1989 S.C 347), it has been
held by Hon’ble Apex Court that;
“…….Since the appellant
remained on bail for more than one year before the bail was cancelled by the
High Court without abusing the concession of bail in any manner and the reason
given by the learned Session Judge for granting pre‑arrest bail that the
injury was on non‑vital part of the body of 'the deceased i.e. thigh and
was simple, was not without foundation, we would, therefore, in the
circumstances, set aside the impugned order of the High Court and restore the
order of the Sessions Judge granting the pre‑arrest bail.”
8. In view of above, the interim pre-arrest
bail already granted to the applicants is confirmed on the same terms and
conditions.
9. The instant bail application is disposed
of accordingly.
J U D G E