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 3^rd 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