ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.659 of 2023

(Anees versus The State)

ate Order with signature of Judges

For hearing of bail application

14.06.2023

Mr. Muhammad Imran Kalmati, advocate for the applicant

Ms. Rubina Qadir, D.P.G.

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It is alleged that the applicant with the rest of the culprits robbed the complainant Irfan Khan, a police constable, of his belongings, was apprehended at the spot by the passerby person, from him was secured the robbed property and an unlicensed pistol of 30 bore with magazine containing one live bullet, which he allegedly used in the commission of incident, for that the present case was registered. On refusal of post arrest bail by learned VII-Additional Sessions Judge, Karachi South, 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 falsely by the police by foisting upon him robbed property and crime weapon; the FIR has been lodged with the delay of about 1 ½ hour; there is conflict between the contents of FIR and 161 Cr.PC statements of the PWs and the applicant is in jail since 8 months, therefore, he is entitled to be released on bail on point of further inquiry.

Learned D.P.G. for the State has opposed to release of the applicant on bail by contending that he has been apprehended at the spot and offence which he allegedly has committed is affecting the society at large.

Heard arguments and perused the record.

The applicant is named in the FIR with specific allegation that he with rest of the culprits robbed the complainant of his belongings, was apprehended at the spot by the complainant with the help of the passerby and on apprehension from him has been secured not only the robbed articles but the unlicensed pistol which he allegedly used in the commission of the incident. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the police. Indeed, the police was having no reason to involve the applicant in this case falsely by foisting upon him the robbed property and crime weapon. Delay in lodgment of FIR is appearing to be natural and same even otherwise could not be resolved by this Court at this stage. No material conflict with regard to contents of FIR of the incident and 161 Cr.PC statements of PWs is noticed. If for the sake of argument, it is believed to be so, even then such conflict could not be resolved by this Court for the reason that the deeper appreciation of facts and circumstances is not permissible at bail stage. The applicant may be in custody since eight months but such custody may not be a reason to release him on bail in case like present one, which is affecting the society at large. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged.

No case for release of the applicant on bail is made out, consequently, the instant bail application is dismissed.

J U D G E