ORDER
SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.
771 of 2023
(Muhammad Afsar versus The State)
Date Order with signature of Judges
For hearing of bail application
21.06.2023
Mr. Nasir Rizwan advocate for the applicant
Ms. Rubina Qadir DPG for the State
Complainant present in person
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It is alleged that the
applicant with rest of the culprits constructed a building illegally and then garbed
money from people by handing over its possession to them, for that the present
case was registered. The applicant on having been refused pre-arrest bail by
learned III-Additional Sessions Judge, Karachi Central, has sought for the same
from this Court by way of instant bail application u/s 498 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 complainant only to grab money from him; the FIR of
the incident has been lodged with the delay of more than 04 years and offence
alleged against the applicant is not falling within prohibitory clause,
therefore, he is entitled to be admitted to pre-arrest bail on point of further
inquiry and malafide.
Learned DPG for the state,
who is assisted by the complainant has opposed to grant of pre-arrest bail to
the applicant by contending that he has defrauded the innocent persons by
putting them in possession of unauthorized and illegal building.
Heard arguments and
perused the record.
The FIR of the incident
has been lodged with delay of more than 04 years, such delay having not been
explained plausibly could not be overlooked; all the penal sections applied in
FIR are bailable excepting one under Section 468 PPC, it is not falling within
prohibitory clause; the case has finally been challaned and there is no
allegation of misusing the concession of interim pre-arrest bail on the part of
the applicant. In these circumstances, a case for grant of pre-arrest bail to
the applicant on the point of further inquiry and malafide obviously is made
out.
In view of above, the
interim pre-arrest bail already granted to the applicant is confirmed on same
terms and conditions.
Instant bail application
is disposed of accordingly.
J U D G E