ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.1173 of 2023

(Hammad vs. The State)

Date Order with signature of Judges

For hearing of bail application

13.06.2023

M/s Kh. Muhammad Azeem & Muteeullah Gondal, advocates for applicant

Syed Meeral Shah, Additional Prosecutor General Sindh

Complainant Abdul Saleem in person

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It is alleged that the applicant with rest of the culprits robbed PW Saiful Islam of his motorcycle for that the present case was registered. On refusal of pre-arrest bail by learned VI-Additional Sessions Judge, Karachi East, the applicant has sought for the same from this Court by way of instant bail application u/s 497 Cr.P.C.

It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police by foisting upon him the robbed motorcycle, therefore he is entitled to be released on bail on point of further inquiry.

Learned Additional Prosecutor General Sindh for the State, assisted by the complainant, has opposed to release of the applicant on bail by contending that the offence which he has committed is affecting the society at large.

Heard arguments and perused the record.

The FIR of the incident does not contain the name and description of the applicant. No identification parade of the applicant has been conducted even after his arrest. The recovery is said to have been foisted upon the applicant. The case has finally been challaned and there is no allegation of tampering with the evidence on the part of the applicant. In these circumstances, a case for release of the applicant on bail on point of further inquiry obviously is made out.

In view of above, the applicant is admitted to bail subject to furnishing his surety in sum of Rs.50,000/- (Rupees fifty thousand) and P.R. Bond in the like amount to the satisfaction of learned trial Court.

Instant bail application is disposed of accordingly.

J U D G E