ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 695 of 2023

(Saleem versus The State)

Date Order with signature of Judges

For hearing of bail application

Date of hearing: 16.06.2023

Date of order: 21.06.2023

Mr. Zahid Ali Sahito advocate for the applicant

Mr. Abrar Ali Khichi Addl. PG for the state

M/s Fayyaz Ali Metlo and Muhammad Idrees Rahimoon advocates for the complainant

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It is the case of the prosecution that deceased Rafiq, his brothers P.Ws Abdul Razzak and Rasheed were got employed by the applicant with Mst. Shireen Asad against monthly salary of Rs.15,000/-. Rafiq Ahmed is alleged to have been tortured to death by Mst. Shireen Asad, for that the present case was registered.

The applicant on having been refused bail by learned I-Additional Sessions Judge, Karachi East has sought for the same from this Court by making the 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 complainant party otherwise, he has nothing to do with the alleged incident. By contending so, he sought for release of the applicant on bail on point of further inquiry.

It is contended by learned Addl. P.G for the state and learned counsel for the complainant that it was the applicant, who got employed the deceased and his brothers with Mst. Shireen Asad and then concealed death of the deceased at the hands of Mst. Shireen Asad, therefore, he is vicariously liable for the commission of the incident. By contending so, they sought for dismissal of the instant bail application.

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about 02 days; such delay could not be overlooked. The applicant has been involved in commission of incident mainly for the reason that he got employed the deceased and his brothers with Mst. Shireen Asad and then concealed death of the deceased at the hands of Mst. Shireen Asad allegedly by way of torture, such allegation on his part obviously would be determined at trial. If for the sake of arguments, it is believed that the provisions of Prevention of Trafficking in Persons Act, 2018 is applicable to the facts and circumstances of the present case, even then such applicability would be determined at trial. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of the applicant. In these circumstances, a case for his release on bail on point of further inquiry is made out.

In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.200,000/- (Rupees Two Lacs only) and P.R bond in the like amount to the satisfaction of the learned trial Court.

Instant bail application is disposed of accordingly.

J U D G E