ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Bail Application No. 723 of 2022

(Muhammad Faizan 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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25.08.2022

Mr. Muhammad Ali Phulpoto, advocate for the applicant

Mr. Faheem Hussain Panhwar, DPG for the State

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Irshad Ali Shah J.—It is alleged that the truck together with its load when was proceeding to its destination was robbed by unknown culprits for that the present case was registered. On investigation, the applicant was found to be involved in the said incident, for that he was booked and reported upon.

2. The applicant on having refused pre-arrest bail by learned Sessions Judge Malir has 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 applicant that the applicant being innocent has been involved in this case falsely by the police otherwise he has nothing to do with the alleged incident and co-accused Shahzaib, Sajid Ali and Javed Muhammad have already been admitted to bail either by this Court or by learned trial Court, therefore, the applicant is entitled to be admitted to pre-arrest bail on the point of further inquiry and malafide, who even otherwise has joined the trial with no allegation of misusing the interim pre-arrest bail.

4. None has come forward to advance arguments on behalf of the complainant, however, learned D.P.G. for the State has opposed to release of the applicant on bail by contending that the case of the applicant is distinguishable to that of co-accused who have already been admitted to bail.

5. Heard argument. Perused record.

6. Admittedly the applicant is not named in FIR, he has been involved in the commission of the incident on the statement of co-accused Irfan. Admittedly, co-accused Shahzaib, Sajid Ali and Muhammad Javed have already been admitted to bail either by this court or by learned trial Court. In that situation, no useful purpose would be served if the applicant is taken into custody and then is admitted to bail on point of consistency.

7. In case of Muhammad Ramzan vs. Zafarullah and another (1986 SCMR 1380), it has been held by Honourable Apex Court that;

“no useful purpose was likely to be served if bail of accused(respondent) was cancelled on any technical ground because after arrest he could again be allowed bail on the ground that similarly placed other accused were already on bail”.

8. In view of above, the interim pre-arrest bail already granted to the applicant is confirmed on the same terms and conditions.

9. The instant bail application is disposed of accordingly.

J U D G E