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