ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

 

Criminal Bail Application No. 2464 & 2465 of 2023

 

DATE

ORDER WITH SIGNATURE OF JUDGE.

 

  Present:             Mr. Justice Naimatullah Phulpoto

                                                                                                                            Mr. Justice Amjad Ali Sahito

 

  1. For orders on office objection at A
  2. For hearing of bail application

 

 

01.12.2023

 

Mr. Khawaja Muhammad Azeem advocate for the applicant/accused

Mr. Ali Haider Saleem Addl. P.G

I.O Muhammad Ali

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

 

 

NAIMATULLAH PHULPOTO J- Applicant/accused Bilal Ahmed seeks post arrest bail in crime No.377/2023 for offence under Sections 365-A/34 PPC read with Section 7 ATA 1997 and in connected/offshoot case bearing Crime No.380/2023 for offence under Section 23(1)(a) of Sindh Arms Act 2013, both registered at PS KIA. Applicant/accused applied for post arrest bail before learned Judge, ATC-XII, the same was rejected vide order dated 24.07.2023. By this common order, we intend to decide the aforesaid bail applications.

2.         Learned counsel for the applicant/accused contended that abductee Shahbaz Ali was previously known to applicant/accused Bilal and there was business transaction between them; that prosecution story as mentioned in the FIR, 161 and 164 Cr.P.C statements of abductee Shahbaz Ali is concocted and false one. It is submitted that co-accused Ismail and co-accused Muhammad Ismail and Nasir Khan have already been granted bail by the trial Court. Lastly, it is submitted that prosecution case requires further inquiry into the guilt of the applicant/accused.

3.         Addl. P.G argued that applicant/accused was arrested on spot and abductee was recovered from the vehicle. It is further submitted that in this case unlicensed pistol was also recovered from the possession of the applicant/accused; that prosecution collected sufficient evidence with regard to ransom amount paid by the brother of the abductee to the accused persons. As regards to grant of bail to co-accused is concerned, it is submitted that co-accused Muhammad Ismail is juvenile and accused Nasir Khan was named by co-accused in his statement during investigation. Lastly, it is submitted that sufficient material has been collected against the applicant/accused to connect him with the commission of the offence, as such, he is not entitled for grant of post arrest bail.

4.         We have carefully heard the learned counsel for the parties, perused the contents of the F.I.R, 161 and 164 Cr.P.C statements of the abductee and other material collected by the prosecution during investigation.

5.         From perusal of FIR, it transpires that incident had occurred on 07.03.2023 at 7:45 p.m. and it was reported at P.S Korangi Industrial Area on 08.03.2023 at 7:20 a.m. It appears that applicant/accused was arrested on spot, from his possession an unlicensed weapon was recovered and abductee was also recovered at the time of arrest of the applicant. Abductee Shahbaz Ali in his 164 Cr.P.C statement recorded before XXX-Judicial Magistrate Karachi East on 18.03.2023 has fully implicated the applicant/accused that he kidnapped him for ransom on 07.03.2023 from D.K Showroom near Bank Dubai Islamic, Darul Salam Society, Korangi Karachi, in a Vigo vehicle. I.O during investigation found applicant/accused involved in the commission of the offence. The contention of learned advocate for the applicant/accused that co-accused Muhammad Ismail and Nasir Khan have already been granted bail by the trial Court, it appears that co-accused Muhammad Ismail was granted bail on the ground that he was juvenile at the time of commission of offence and case of co-accused Nasir Khan was distinguishable from the case of the applicant/accused as he was involved in this case on the basis of statement of co-accused. Prima facie there are reasonable grounds to believe that applicant/accused is involved in the offence of abduction for ransom, which is punishable for death or imprisonment for life. On our tentative assessment, there is sufficient material against the applicant/accused. Therefore, applications for grant of bail are without merit and the same are dismissed. However, trial Court is directed to decide the case expeditiously.

6.         Needless to observe that the above observations are tentative in nature and the trial Court shall not be influenced, in any manner, while deciding the case.

 

JUDGE

JUDGE

Wasim ps