ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 1093 of 2023

[Zeeshan Versus The State]

Date Order with signature of Judges

For hearing of bail application

26.06.2023

Mr. Ajeeb Junejo, Advocate for the Applicant.

Ms. Rubina Qadir, Deputy Prosecutor General, Sindh.

Mr. Haad A.M Paggwala, Advocate for the Complainant.

-.-.-.-.-.-.-.-.-.

It is alleged that the applicant has committed theft of Rs.15,00,000/- from house of complainant Muhammad Ameer Aslam for that the present case was registered. On refusal of bail by learned Vth Judicial Magistrate Karachi South and learned Xth Addl. Sessions Judge, Karachi South, the applicant has sought for the same from this Court by way of instant application under section 497 Cr.P.C.

It is contended by learned counsel for the applicant that applicant being innocent is involved in this case falsely by the complainant; the FIR of the incident has been lodged with delay of about one month and offence alleged against the applicant is not falling within prohibitory clause, therefore, the applicant is entitled to be released on bail on point of further inquiry. In support of his contention, he relied upon case of Muhammad Tanveer Versus The State (PLD 2017 Supreme Court 733).

Learned D.P.G for the State and learned counsel for the complainant have opposed to release of the applicant on bail by contending that he has committed theft of his master and offence alleged against him is falling within exceptional clause.

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about one month; such delay having not been explained plausibly could not be over looked. None indeed has seen the applicant committing the alleged theft personally. The offence alleged against the applicant is not falling within prohibitory clause. The case has finally been challaned and there is no apprehension of absconsion or tempering 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 learned trial Court.

Instant bail application is disposed of accordingly.

JUDGE