IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No. 161 of
2024
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE |
Present: Mr.
Justice Naimatullah Phulpoto
Mr. Justice Khadim
Hussain Tunio
29.02.2024
Mr.
Khan Zaman advocate for the applicant/accused
Mr. Ali Haider Saleem Addl. P.G
Inspector Ali Khan PS Shahrah-e-Faisal
-.-.-.-.-.-.-.-.
NAIMATULLAH PHULPOTO, J.- Applicant/accused
Muhammad Moosa seeks post arrest bail in Crime No.
211/2023 for offences under Sections 147/148/149/153/186/353/427 PPC read with
Section 7 of ATA 1997 registered at P.S Shahrah-e-Faisal,
Karachi. Prior to this applicant/accused applied for bail before learned Judge,
ATC-XV Karachi, the same was rejected vide order dated 28.08.2023.
2. It is mainly contended that co-accused
Muhammad Kamran and others have already been granted bail in Cr. B.A.No 1253/2023 and case of the applicant/accused is
identical to that of co-accused. Addl. P.G concedes to the contention raised by
learned counsel for the applicant/accused.
3. Since role of the applicant/accused is
identical to that of co-accused to whom concession of bail has already been
extended, in our considered view, the applicant/accused is also entitled for
grant of bail on the rule of consistency. Resultantly, applicant/accused
Muhammad Moosa son of Gul
Hassan is granted bail subject to his furnishing solvent surety in the sum of
Rs.100,000/- (Rupees One Lac only) and P.R bond in the like amount to the
satisfaction of the trial Court.
4. Needles to mention here that the
observations made hereinabove are tentative in nature, the trial Court shall
not be influenced by the same while deciding the case of the applicant/accused
on merits.
JUDGE
JUDGE
Wasim ps