ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 649 of 2023

(Kamran Khan and others vs. The State)

Date Order with signature of Judges

For hearing of bail application

22.06.2023

Mr. Jahanzeb advocate for the applicants

Ms. Rubina Qadir DPG for the State

-.-.-.-.-.-.-.-.-.

It is alleged that the applicants in furtherance of their common intention caused suriya blow to complainant Niaz Ali on his head with intention to commit his murder and then went away by causing him fist and kicks blows, for that the present case was registered. On having been refused pre-arrest bail by learned XI-Additional Sessions Judge Karachi West, they have sought for the same from this Court by way of instant bail application under Section 498 Cr.PC.

It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the complainant party; the FIR has been lodged with delay of about 03 hours and there is counter version of the incident, therefore, the applicants are entitled to be admitted to pre-arrest bail on the point of further inquiry and malafide.

None has come forward to advance arguments on behalf of the complainant. However, learned DPG for the State has opposed to grant of pre-arrest bail to the applicants by contending that they are vicariously liable for the commission of incident.

Heard arguments and perused the record.

Section 324 PPC has been omitted by the police while submitting the final charge sheet. The applicants have been asked to face trial for an offence punishable under Section 337-A (iv) PPC only; it is not falling within the prohibitory clause. There is counter version of the incident. The case has finally been challaned and there is no allegation of misusing of concession of interim pre-arrest bail against the applicants. In these circumstances, a case of grant of pre-arrest bail to the applicants on point of further inquiry and malafide is made out.

In view of above, the interim pre-arrest bail already granted to the applicants is confirmed on same terms and conditions.

Instant bail application is disposed of accordingly.

JUDGE