ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 1149 of 2023

(Abdul Rasheed and Bhaa Gul vs. The State)

Date Order with signature of Judges

For hearing of bail application

19.06.2023

Mr. Faran Sardar, advocate for the applicants

Ms. Rubina Qadir, Deputy Prosecutor General for the State

Rao Liaquat Ali Khan advocate for the complainant

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It is alleged that the applicants in furtherance of their common intention committed murder of Mehboob Ali by causing him fire shot injuries and then caused disappearance of evidence by throwing his dead body by keeping it, in gunny bag at the deserted place, in order to save themselves from legal consequences, for that the present case was registered. On refusal of bail by learned I-Additional Sessions Judge, Karachi East, the applicants have sought for the same from this Court by way of instant bail application u/s 497 Cr.P.C.

2. It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the police in blind FIR, more-so, complainant Ashique Ali and Mst. Sawera, who happened to be daughter of the deceased by filing their affidavits have recorded no objection to release of the applicants on bail. By contending so, he sought for release of the applicants on bail on the point of further inquiry.

3. Learned counsel for the complainant recorded no objection to release of the applicants on bail however, learned DPG for the state has opposed to release of bail by contending that there is recovery of crime weapon and other articles from the applicants.

4. Heard arguments and perused the record.

5. Names and descriptions of the applicants are not appearing in the FIR though it is lodged with delay of about 04 days, which appears to be surprising. The applicants have been involved in commission of the incident on the basis of their admission to guilt before the police, which is in terms of Article 39 of Qanun-e-Shahadat Order, 1984 could not be used against them as evidence. The crime weapon and other articles are said to have been foisted upon the applicants by the police. More so, the complainant and Mst. Sawera who happened to be daughter of the deceased by filing their affidavits have recorded no objection to release of the applicants on bail. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of the applicants. In these circumstances, a case for release of the applicants on bail on point of further inquiry obviously is made out.

6. In view of above, the applicants are admitted to post arrest bail subject to their furnishing solvent surety in the sum of Rs.200,000/- (Rupees Two Lacs) each and P.R bond in the like amount to the satisfaction of learned trial Court. 

7. The instant bail application is disposed of accordingly. 

JUDGE