ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.1063 of 2023

(Jawad Khan vs. The State)

Date Order with signature of Judges

For hearing of bail application

12.06.2023

Mr. Shamsul Hadi, advocate for the applicant

Ms. Seema Zaidi, Additional Prosecutor General Sindh

Complainant in person

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It is alleged that the applicant with rest of the culprits robbed complainant Bakht Rahim and PW Reehan Khan of their motorcycle and other belongings for that the present case was registered. On refusal of bail by learned Sessions Judge, Malir Karachi, the applicant has sought for the same from this Court by way of instant bail application under section 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 Bakht Rahim and PW Reehan Khan by filing their affidavits have declared him to be innocent. By contending so, he sought for release of the applicant on bail on the point of further inquiry.

3. The complainant and PW Reehan Khan have recorded no objection to release of the applicant on bail, however, learned Additional PG for the state has opposed to release of bail by contending that he has committed the offence which is affecting the society at large.

4. Heard arguments and perused the record.

5. The FIR of the incident does not contain the name and description of the applicant though it has been lodged with unexplained delay of about two days. More so, complainant Bakht Rahim and PW Reehan Khan by filing their affidavits have recorded no objection to release of the applicant on bail by stating therein that he is not the real culprit of the incident. If it is believed to be so then it makes out a case of further inquiry into the guilt 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.100,000/- (Rupees One Lac 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