IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.138 of
2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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20.02.2025
Mr. Mushtaq Ahmed, advocate for
applicant
Mr. Zahoor Shah, Addl: P.G. Sindh
Mr. Imtiaz Ali advocate for
complainant
ASI Ali Gul of PS Gulshan-e-Maymar,
Karachi
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SHAMSUDDIN ABBASI,
J.—Applicant/accused Mujahid
Ali son of Mubarak Ali seeks pre-arrest bail in FIR No.486/2024, registered at
P.S. Gulshan-e-Maymar Karachi for offence under Sections 324, 336-A, 34, PPC, after
rejection of bail plea by learned trial Court vide order dated 09.01.2025.
2. It is
alleged in the FIR that applicant/accused along with co-accused Nazir Ahmed,
who is husband of victim, set the victim lady on fire, in result whereof, as
per medico legal certificate 23.5% of her body was burnt. Such FIR was
registered by Mst. Tasleem daughter of Bashir Ahmed under section 324, 335A,
34, PPC at P.S. Gulshan-e-Maymar, Karachi.
3. Counsel
for applicant/accused submits that applicant is innocent and has been falsely
implicated in this case by the complainant due mala fide intentions and
ulterior motives. He prays for grant of bail to applicant/accused.
4. Learned
Addl: Prosecutor General Sindh, assisted by the counsel for complainant,
submits that victim lady in her 161, Cr.PC statement alleged that
applicant/accused has kept ill-eye on her and committed the alleged offence in
connivance with main accused. Ocular version is corroborated by medical
evidence, which shows that 23.5% of her body has been burnt, as per M.LC. He
opposed the bail application.
5. Heard
learned counsel for applicant as well as Additional Prosecutor General Sindh
and counsel for complainant and perused the material available on record.
6. The
alleged offence comes with the ambit of prohibitory clause of Section 497,
Cr.PC. It is well settled proposition of law that in such like cases for grant
of pre-arrest bail, applicant has to prove its case on the point of mala fide
on the part of prosecution and complainant to falsely implicate him, which has
not been proved by the applicant. Alleged offence is a heinous offence against
a woman who is working as Massi to
survive along with two minors. IO is present in Court and submits that he has
submitted the interim challan before learned trial Court. In view of such
position, no case for grant of bail is made out, as such, instant criminal bail
application is dismissed. However, the
applicant/accused would be at liberty to move bail after arrest before learned trial
Court and the learned trial shall decide such bail after arrest of applicant/accused
on its own merits.
7. Needless
to mention here that the observations made hereinabove are tentative in nature,
the same would not influence the trial Court while deciding the case of the
applicant/accused on merits.
J
U D G E
Gulsher/PS