IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.2943 of 2024
Criminal Bail Application No.2937 of 2024
Criminal Bail
Application No.2731 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For hearing of bail application
-----------------------------
17.02.2025
Syed Suleman Badshah, advocate for
applicant Raheel Asham
Mr. Muniruddin, advocate for
applicant Riaz Ahmed Shaikh
M/s
Junaid Sikandar Junejo & Ghulam Sarwar Chandio, advocates for
applicant/accused Muhammad Talha
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
PI/IO Ali Gohar of PS Shah Faisal
Colony, Karachi
Mr. Asif Mubarak, advocate for
complainant
------------------------------------
Applicants/accused
Raheel Aslam and Riaz Ahmed Shaikh seek pre-arrest bail whereas
applicant/accused Muhammad Talha seeks post arrest bail in FIR No.420/2024,
registered at P.S. Shah Faisal Colony, Karachi for offence under sections 322,
285, 286, 287, 427, 420, 468, 471, 34, PPC.
2. The
brief facts of the case are that applicants/accused, after obtaining permission
from Deputy Commissioner concerned for installation of nozzle to sell the
petrol in the residential area, had installed the nozzle and were selling
petrol. Due to their negligent act, tragic incident had occurred in which one
person had died, the building in which such nozzle was installed was entirely
destroyed, nine motorcycles were completely burnt, two adjacent resident flats
and three shops had also completely burnt, hence the FIR of the incident was
lodged.
3. At the
very outset, learned counsel for complainant recorded his no objection for
grant of post arrest bail to applicant/accused Muhammad Talha on the ground
that case has been challaned and this Court has granted interim pre-arrest bail to main accused.
However, he seeks direction to the trial Court to decide the case
expeditiously, preferably within a period of six months. Learned Additional
Prosecutor General Sindh has recorded no objection for issuance of such
direction.
4. It is
matter of record that all sections applied in the FIR are bailable, except
section 322, PPC, which provides punishment for payment of Diyat amount, however, in view of no objection recorded by learned
counsel for complainant as well as Additional Prosecutor General Sindh, interim
pre-arrest bail granted to applicants Raheel Aslam and Riaz Ahmed Shaikh by
this Court vide orders dated 18.12.2024 is confirmed on the same terms and
conditions. Whereas, applicant/accused Muhammad Talha son of Muhammad Tahir is
admitted to post arrest bail in the aforesaid FIR, subject to his furnishing
solvent surety in the sum of Rs.200,000/- (Rupees
two hundred thousand) and P.R. Bond in the like amount to the satisfaction
to the learned trial Court. However, learned trial Court is directed to decide
the case of applicants/accused expeditiously, preferably within a period of six
months.
5. 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.
6. The
instant bail applications are accordingly disposed of.
J U D G E
Gulsher/PS