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