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