ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 839 of 2023

(Qadir Khan versus The State)

Date Order with signature of Judges

For hearing of bail application

22.06.2023

Mr. Bacha Zaib advocate for the applicant

Ms. Rubina Qadir DPG for the State

-----------------------------------

It is alleged that the applicant with rest of the culprits robbed complainant Muhammad Abrar and his brother Muhammad Saad of their mobile phones and other belongings, for that the present case was registered. On refusal of bail by learned IV-Additional Sessions Judge, Karachi Central he has sought for the same from this Court by making the instant bail application under Section 497 Cr.P.C.

Heard arguments and perused the record.

The applicant is not named in the FIR, it is blind one. The applicant has been involved in commission of incident on the basis of his admission to guilt before the police and recovery of mobile phone from him when he was arrested in some other case. If for the sake of arguments, it is believed that the applicant actually has admitted his guilt before the police even then such admission on his part in terms of Article 39 of Qanun-e-Shahadat Order, 1984 could not be used against him as evidence. Nothing has been brought on record which may suggest the ownership of the complainant party over the mobile phone allegedly recovered from the applicant, it is easily available in the market. No identification parade of the applicant or even the mobile phone allegedly recovered from him has been conducted. 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 release of the applicant on bail on point of further inquiry obviously is made out.

In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/- (Rupees Fifty Thousand 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