IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.2772 of 2023

[Muhammad Akram Butt versus The State]

 

                                                                          Before:

    Mr. Justice Naimatullah Phulpoto

    Mr. Justice Khadim Hussain Tunio

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14.02.2024

Mr. Muhammad Ajmal Jatoi, advocate for applicant

Ms. Rahat Ehsan, Additional Prosecutor General Sindh

Complainant Khadim Hussain present

IO/PI Muhammad Ali of AVCC/CIA, Karachi & PI Abdul Rashid of P.S. Sohrab Goth

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O R D E R

NAIMATULLAH PHULPOTO, J.- Applicant/accused Muhammad Akram Butt seeks post arrest bail in FIR No.46/2022 for offences under sections 365-A/34, PPC read with section 7 of the Anti-Terrorism Act, 1997, registered at Police Station Sohrab Goth, Karachi. Prior to this, applicant/accused applied for same relief before learned Judge, Anti-Terrorism Court-X, Karachi, the same was rejected vide order dated 08.09.2023. Thereafter, the applicant/accused approached this Court.

2.         Learned advocate for the applicant/accused mainly contended that there was delay of one day in lodging of the FIR for which no plausible explanation has been furnished; that evidence of two prosecution witnesses has been recorded and there is no material to connect the applicant/accused in the commission of the offence. Lastly argued that remaining evidence will not improve case of prosecution and applicant/accused is in jail since last more than six months and prayed for grant of bail to the applicant/accused in this case.

3.         Learned Additional Prosecutor General Sindh argued that case has proceeded before the trial Court and evidence of two prosecution witnesses has been recorded, yet evidence of abductee Muhammad Ajmal is to be recorded by the trial Court. It is also argued that abductee has fully implicated the applicant/accused in 161, Cr.PC statement and opposed the bail application.

4.         Complainant submits that applicant/accused Muhammad Akram Butt had kidnapped Muhammad Ajmal for ransom.

5.         Before hearing of bail application, progress report was called from the trial Court, which reflects that trial Court has recorded evidence of two prosecution witnesses, yet evidence of abductee Muhammad Ajmal is to be recorded. Record reflects that Bail Application No.728/2022 filed by co-accused Zeeshan was dismissed by this Court as not pressed with direction to the trial court to conclude the trial within two months. Prima facie, there is sufficient material against the applicant/accused to connect him in the commission of offence for the reason that abductee has fully implicated the applicant/accused in his 161 and 164, Cr.PC statements. Alleged offence is punishable for death or imprisonment for life and shall also be liable to forfeiture of property. Moreover, case has proceeded before the trial Court and evidence of two prosecution witnesses has been recorded. This Court has already issued direction to the trial Court to conclude the trial within two months while hearing the bail application of co-accused Zeeshan vide order dated 16.08.2022. At this stage, deeper assessment of evidence by this Court may influence the trial Court. In the case of REHMATULLAH vs. THE STATE and another (2011 SCMR 1332) Supreme Court of Pakistan has held as under:

“The courts  should  not  grant  or  cancel  bail  when the trial is in progress and proper course for the courts in such a situation would be to direct the learned trial Court to conclude the trial of the case within a specified period. Reference may be made to Haji Mian Abdul Rafiq v. Riaz ud Din and another (2008 SCMR 1206). We find that the impugned order was passed in violation of the law, therefore, we cannot subscribe to it. In view whereof, we are persuaded to allow this petition and direct the learned trial Court to conclude the trial of the case expeditiously.”

 

6.         For the above stated reasons, bail application is without merits, the same is accordingly dismissed. However, the trial Court is directed to decide the case within two months under intimation to this Court through MIT-II.

 

      J U D G E

 

J U D G E

 

Gulsher/PS