IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.1594 of
2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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13.02.2025
Mr. Kher Muhammad, advocate for
applicant
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
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SHAMSUDDIN ABBASI,
J.—Applicant/accused Sohail
Shah son of Farid Shah seeks post arrest bail in FIR No.281/2024, registered at
P.S. Rizvia Society, Karachi for offence under Sections 475, 411, 412, PPC, after
rejection of bail plea by learned Additional Sessions Judge-V, Karachi Central vide
order dated 04.07.2024.
2. Brief
facts of the case are that on 27.04.2024, complainant received information that
applicant is involved in using/changing IMEI number of stolen/robbed mobile
phones. Complainant arrested the applicant and recovered 56 mobile phones along
with a laptop and other instruments. Hence the subject FIR was lodged. After
usual investigation challan has been submitted before the trial Court
concerned.
3. Learned
counsel for applicant submits that the applicant/accused is a shopkeeper in
Saddar area Karachi and is carrying on business of mobile phones; that during
investigation section 412, PPC was deleted and Section 413 PPC has been
misapplied by the IO; that nothing incriminating has been recovered from his
possession; that case has been challaned and the applicant/accused is no more
required for further investigation. He finally prayed for grant of bail to the
applicant/accused.
4. On the
other hand, learned Additional Prosecutor General Sindh submits that 56 mobile
phones as well as one laptop and other instruments were recovered from the
possession of applicant/accused, who is also involved in other criminal cases.
She further submits that the applicant/accused is involved in changing the IMEI
numbers of snatched/robbed mobile phones, therefore, she opposed the bail
application.
5. Heard
learned counsel for applicant/accused as well as Additional Prosecutor General
Sindh and perused the material available on record.
6. From
the tentative assessment of material available on record, it transpires that 56
mobile phones, one laptop and other material were recovered from the possession
of applicant/accused. It is alleged in FIR that applicant/accused is involved
in changing the IMEI numbers of snatched mobile phones. It has also come on
record that he applicant/accused is also involved in FIR No.151/2018 under
sections 392, 34, PPC. The alleged offence comes within the ambit of
prohibitory clause of Section 497, Cr.PC. Sufficient material is available on
record, which connects the applicant/accused to the commission of alleged
offence. No case for grant of bail to the applicant/accused is made out.
Therefore, instant criminal bail application is dismissed.
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