IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail Application No. 1831 of 2023
APPLICANT : Azam Khan
Through Syed Lal Hussain Shah
Advocate
RESPONDENT : The State
Through Mr. Muhammad Iqbal Awan,
Additional Prosecutor General Sindh
Date of hearing : 15.11.2023
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O R D E R
Omar Sial, J.: Azam Khan, son of Hakeem Khan,sought post-arrest bail in crime number 270 of 2023, registered under sections 392, 397, and 34 P.P.C. at the Shahra-e-Noor Jehan police station. The learned Sessions Judge, Karachi-Central, on 09.08.2023, dismissed the application filed earlier by the applicant.
2. Complainant Muhammad Amir Shahzad, on 11.05.2023, reported to the police that on 13.04.2023, he was going on his Suzuki motorcycle bearing registration no. KPF-5019. At about 2100 hours, when he reached the Sakhi Hassan Chowrangi, he stopped his motorcycle to attend a mobile call.Suddenly, two armed boys on one motorcycle came there deprived him of hismotorcycle and fled away. Amir lodged an FIR against two unknown persons.
3. The applicant along with one another, was arrested while driving the stolen motorcycle. He was in possession of a weapon as well at that time.
4. I have heard the learned counsel for the applicantand the learned Additional Prosecutor General. The complainant was present in person but did not wish to engage a counsel. My observations and findings are as follows.
5. The Complainant, present in person, seemed scared when the Court asked him if the arrested applicant was indeed one of the boys who robbed him. He seemed very scared and replied that the applicant was the person who had pointed his pistol at him but that he would have no objection if bail were granted to him. The complainant had also earlier identified the applicant in a parade.
6. The learned Additional Prosecutor General submitted that though a report of the motorcycle being lost was immediately made by the complainant to the police station, the police did not register an F.I.R. at that stage. It was only when the motorcycle was recovered that a formal F.I.R. was registered.
7. Direct recovery of the stolen motorcycle from the applicant, the offence being reported promptly, and the complainant identifying the applicant upon a tentative assessment shows that the applicant has a case to answer. Seeing the fear on the complainant’s face, the applicant tampering with evidence, if released on bail, cannot conclusively be ruled out.
8. Bail application is dismissed.