ORDER
SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.
1159 of 2023
(Rabish Chouhan versus The State)
Date Order with signature of Judges
For hearing of bail
application
23.06.2023
Mr. Muhammad Fahad Pirzada 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 Imran Sanam of his cell
phone, for that the present case was registered. On having been refused bail by
learned V-Additional Sessions Judge, Karachi Central, the applicant has sought
for the same from this Court by making the instant bail application under
Section 497 Cr.P.C.
Heard arguments and
perused the record.
The FIR of the incident does
not contain the name and description 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 applicant has been subjected to identification
parade on 3rd day of his arrest. No explanation to such delay is
offered. The cell phone and pistol are said to have been foisted upon the
applicant. The case has finally been challaned and there is no apprehension of
tampering with the evidence on the part of the applicant, who is said to be in
custody since 08 months without effective progress in trial of his case. 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