ORDER
SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.
1115 of 2023
(Bilal Khan 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 having
been refused post 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 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 at the instance of the complainant party by foisting upon
him the robbed articles and FIR of the incident has been lodged with delay of about
06 days, therefore, the applicant is entitled to be released on bail on point
of further inquiry.
Learned DPG for the state
and learned counsel for the complainant have opposed to grant bail to the
applicant by contending that on arrest from him has been secured certain robbed
articles.
Heard arguments and
perused the record.
The FIR of the incident
has been lodged after due consultation that too with delay of about 06 days;
such delay having not been explained plausibly could not be overlooked. The recovery
of the certain articles are said to have been foisted upon him by the police at
the instance of the complainant party, those articles even otherwise are easily
available in market. 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 the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) and P.R bond in the like amount to the
satisfaction of learned trial Court.
The instant bail
application is disposed of accordingly.
J
U D G E