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