ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 930 of 2023

(Ali Subhan vs. The State)

Date Order with signature of Judges

1. For orders on M.A.No. 6660/2023

2. For hearing of bail application

08.06.2023

Mr. Jam Shahid Iqbal advocate for the applicant

Mr. Talib Ali Memon Assistant P.G for the State

Mr. Mubarak Shah advocate for the complainant

-.-.-.-.-.-.-.-.-.

It is alleged that the applicant with rest of the culprits robbed complainant Aman Shams Pervaiz of his belongings was apprehended at the spot by passerby person and police and maltreated him accordingly on search from him was secured the belongings of the complainant and pistol which he allegedly used in commission of incident, for that the present case was registered. On having been refused post-arrest bail by learned XIV-Additional Sessions Judge, Karachi East, the applicant has sought for the same from this Court by making instant bail application u/s 497 Cr.P.C.

2. 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, the complainant by filing his affidavit has declared him to be innocent. By contending so, he sought for release of the applicant on bail on the point of further inquiry.

3. Learned counsel for the complainant has recorded no objection to release of the applicant on bail, however, learned Asstt.PG for the state has opposed to release of bail by contending that he has committed the offence which affecting the society at large.

4. Heard arguments and perused the record.

5. The complainant by filing his affidavit has recorded no objection to the grant of bail to the applicant by stating therein that he is not his real culprit. If it is believed to so then it makes out a case of further inquiry in favour of the applicant.

6. 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”.

7. In view of above, the applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) and P.R bond in the like amount to the satisfaction of learned trial Court. 

8. The instant bail application is disposed of accordingly. 

JUDGE