ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 987 of 2023

(Syed Hussain Ahmed Shah versus The State)

Date Order with signature of Judges

1. For order on office objection at A

2. For hearing of bail application

23.06.2023

Mr. Niaz Muhammad Ghumro advocate for the applicant

Ms. Rubina Qadir DPG for the State

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It is alleged that the applicant with rest of the culprits robbed complainant Raheel Abdul Ghaffar approximately of Rupees Six Crores, cell phone and car, for that the present case was registered. On refusal of bail by learned XIV-Additional Sessions Judge, Karachi South, 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 by the police on the basis of recovery, which is foisted upon him, therefore, he is entitled to be released on bail on point of further inquiry.

None has come forward to advance arguments on behalf of the complainant, however, learned DPG for the State has opposed to release of the applicant on bail by contending that on arrest from the applicant has been secured the pistol which he allegedly used in the commission of incident and certain robbed amount.

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about 03 days, yet it does not contain the name of the applicant. On arrest, the applicant allegedly has admitted his guilt before the police, such admission, if any, in terms of Article 39 of the Qanun-e-Shahadat Order, 1984, could not be used against him as evidence. The pistol secured from the applicant as per expert report is not in working condition. The recovery of robbed money to the extent of share of the applicant is said to have been foisted upon him by the police. No identification parade of the applicant or of the recovered robbed money 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 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