IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.2303 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For hearing of bail application
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14.02.2025
Mr. Riaz Ali Samtio, advocate for
applicant
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
PI Zahir Shah of PS Quaidabad,
Karachi
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Applicant/accused
Waseem Khan son of Sardar Khan Balakhel seeks pre-arrest bail in FIR No.540/2024,
registered at P.S. Quaidabad, Karachi for offence under Sections 420, 506-B,
34, PPC. Prior to this applicant/accused applied for bail before
learned Additional Sessions Judge-VI, Malir, Karachi, the same was declined vide
order dated 03.10.2024.
2. Learned
advocate for applicant/accused submits that the applicant is innocent and he
has been falsely implicated in this Court for mala fide intentions and ulterior
motives; there is a delay of eight days in lodging of FIR, without any
plausible explanation for such inordinate delay; that there is business
transaction between the parties and due to dispute complainant registered the
aforesaid FIR against the applicant/accused; case has been challaned and the
applicant/accused is no more required for further investigation.
3. Learned
Additional Prosecutor General Sindh opposed the bail application on the ground
that the applicant/accused has not joined the investigation.
4. Heard
learned counsel for the parties and perused the relevant record. It appears
that incident had occurred on 25.08.2024 at 08:00 p.m. and FIR was lodged on 02.09.2024
at 04:00 p.m. Delay of about 08 days in lodging of the FIR apparently has not
been explained. Since the case has been
challaned, the applicant is no more required for further investigation. Even
otherwise, issuance of threats for dire consequences require further inquiry in
terms of Section 497(2), Cr.PC. Merits of the case cannot be considered in a
pre-arrest bail. It is well
settled exposition of law that at bail stage deeper appreciation of evidence
couldn't be made out but the Court has to get the picture through tentative
assessment of prosecution story, as held by the apex Court in the case reported
as 2021 SCMR 2011 (Resham Khan and another versus The STATE through Prosecutor General
Punjab, Lahore and another).
5. Taking
into consideration all facts and circumstances, interim pre-arrest bail already
granted to applicant/accused is hereby confirmed on the same terms and
conditions. However, trial Court is directed to conclude the case
expeditiously.
6. Needless,
to mention here that the observations made hereinabove are tentative in nature
and would not influence the trial Court while deciding the case on merits.
7. The
instant bail application is accordingly disposed of.
J U D G E
Gulsher/PS