ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 294 of 2023

(Gul Muhammad vs. The State)

 

Date                     Order with signature of Judges

 

 

For hearing of bail application

 

 

27.06.2023

 

Mr. Ghulam Asghar Khoso, advocate for the applicant

Ms. Rubina Qadir, Deputy Prosecutor General for the State

Mr. Muhammad Tariq, Special Public Prosecutor for Rangers

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

 

It is alleged that the applicant with rest of the culprits in furtherance of their common intention committed murder of Gulfam by way of strangulation and then gave it cover of suicide by hanging in order to cause disappearance of evidence to save themselves from legal consequences, for that the present case was registered. The applicant on refusal of bail by learned V-Additional Sessions Judge, Malir Karachi, has sought for the same from this Court by way of 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 at the instance of the complainant party; the FIR of the incident has been lodged with delay of 04 months, yet it does not contain the name of the applicant and the complainant is not an eyewitness to the incident, therefore, the applicant is entitled to be released on bail on point of further inquiry.

It is contended by learned DPG for the state and learned counsel for the Rangers that the name of the applicant was disclosed by Mst. Sumaira the wife of the deceased, with whom, he was having illicit relation and he has also admitted his guilt before the law enforcing agencies, therefore, he is not entitled to be released on bail.

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about 04 months, yet it does not contain the name and description of the applicant which appears to be surprising. The name of the applicant has allegedly been disclosed by co-accused Mst. Sumaira, such disclosure could hardly be used against the applicant. If for the sake of argument, it is believed that the applicant has admitted his guilt before the law enforcing agencies, even then, such admission on his part in terms of Article 39 of Qanun-e-Shahadat Order, 1984, could not be used against him as evidence. The case has finally been challaned and there is no likelihood of absconsion or 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 sum of Rs.200,000/- (Rupees Two Lacs Only) and P.R bond in the like amount to the satisfaction of the trial Court.

Instant bail application is disposed of accordingly.

                            JUDGE