ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 270 of 2023

(Muhammad Naveed vs. The State)

Date Order with signature of Judges

For hearing of bail application

22.06.2023

M/s Zameer Bhutto and Ghulam Mustafa Hingorjo advocates for the applicant

Ms. Rubina Qadir DPG for the State

Complainant in person

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

It is alleged that the applicant with rest of the culprits robbed complainant Muhammad Hassan and P.W Muhammad Sher Ali of their mobile phones and other belongings, for that the present case was registered. On having been refused bail by learned III-Additional Sessions Judge Central Karachi, the applicant has sought for the same from this Court by way of instant bail application u/s 497 Cr.PC.

It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police at the instance of the complainant party; no identification parade of the applicant or mobile phone allegedly recovered from him has been conducted and offence alleged against the applicant is not falling within prohibitory clause, therefore, the applicant is entitled to be released on bail on point of further inquiry.

Learned DPG for the State, who is assisted by the complainant has opposed to release of the applicant on bail by contending that the offence alleged against the applicant is affecting the society at large.

Heard arguments and perused the record.

The applicant was apprehended by the police soon after the incident together with the robbed cell phone and the pistol, which he allegedly used in the commission of the incident. In that situation, it would be premature to say that the applicant being innocent has been involved in this case by the police at the instance of the complainant party. The applicant obviously was having no enmity either with the complainant party or with the police, which could have resulted his involvement in this case falsely. There was hardly a need for conducting identification parade of the applicant or of the robbed mobile phone. The offence is affecting the society at large, it obviously is falling within exceptional clause. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged. No case for release of the applicant is made out, consequently the instant bail application is dismissed.

JUDGE