ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 1158 of 2023

(Shakirullah versus The State)

Date Order with signature of Judges

For hearing of bail application

22.06.2023

Mr. Qaim Ali Memon advocate for the applicant

Ms. Rubina Qadir DPG for the State

Mr. Ali Ahmed Turabi advocate for the complainant

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It is alleged that the applicant with rest of the culprits robbed the complainant party of iron material and other belongings, for that the present case was registered. On refusal of pre-arrest bail by learned Sessions Judge, Malir Karachi, the applicant has sought for the same from this Court by making the instant bail application under Section 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 at the instance of the complainant party and FIR of the incident has been lodged with delay of about 06 days, therefore, the applicant is entitled to be admitted to pre-arrest bail.

Learned DPG for the state and learned counsel for the complainant have opposed to grant pre-arrest bail to the applicant by contending that he has not joined the investigation which is refuted by learned counsel for the applicant.

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about 06 days that too after due consultation; such delay could not be overlooked, it is reflecting concoction. The case has finally been challaned and there is no allegation of misusing of concession of interim pre-arrest bail on the part of the applicant. Co-accused Bilal Khan has already been admitted to bail after his arrest by this Court during early hours of the day. In these circumstances, no useful purpose would be served, if the applicant is taken into custody and then is admitted to bail on point of consistency.

In case of Muhammad Ramzan vs. Zafarullah and another (1986 SCMR 1380), it has been held by apex Court that:

“No useful purpose would be served if the bail of Zafarullah Khan respondent is cancelled on any technical ground because after arrest he would again be allowed bail that similarly placed other accused are already on bail.”

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