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