IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.2785 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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25.02.2025
Mr. Muhammad Shafiq Abdullah,
advocate for applicant
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
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SHAMSUDDIN ABBASI,
J.—Applicant/accused Muhammad
Javed son of Sonehar seeks post arrest bail in FIR No.724/2023, registered at
P.S. Gulshan-e-Iqbal, Karachi, for offence under Sections 395, PPC, after
rejection of his bail plea by Additional Sessions Judge-XII, Karachi East vide
order dated 08.04.2024.
2. Brief
facts of the case are that on 10.11.2023 at 0940 hours complainant was present
along with workers at Godown, when 5 armed persons appeared, out of them four
came to godown office and snatched: sale proceeds of flour Rs.236,000/-; from
complainant Rs.13,500/-; from workers Muhammad Owais mobile phone Samsung A/54,
with Sim Card 03273564064 and cash Rs.29,000/-; from Khalid, Infinix Cell Phone
with Sim Card 0315-6938409, from Adnan Oppo Cell Phone with Sim No.03182758228
and Cash Rs.3000/-; from Azhar Iqbal Cell Phone Metrolla with Sim Card
03009233267, from Syed Ali Shah, Nokia Phone with Sim Card 03132891107 and cash
Rs.1800/-, thereafter they ran away, such incident was reported at 15 and
complainant lodged such FIR at police station.
3. Learned
counsel for applicant submits that applicant/accused is innocent and he has
been falsely implicated in this case due to mala fide intentions and ulterior motives;
that there is no recovery of robbed articles from the possession of applicant
and identification parade has been managed by police, therefore, his case
requires further inquiry in terms of Section 497(2), Cr.PC.
4. On the
other hand, learned Additional Prosecutor General Sindh opposed the grant of
bail to applicant on the ground that complainant identified the present
applicant during identification parade; he has fully implicated him in the
commission of alleged offence; that there is CRO of applicant, which shows that
applicant/accused is involved in three more cases of like nature and during
investigation crime weapon has been recovered from his possession.
5. Heard
learned counsel for applicant as well as Additional Prosecutor General Sindh
and perused the material available on record.
6. No
doubt, applicant/accused is not nominated in the FIR but during investigation
he was put to identification parade where complainant has rightly identified
him as one of the culprits of alleged offence. Record reflects that he is
involved in three more cases of like nature viz. FIR No.608/2022, under
sections 397/34, PPC, FIR No.214/2023, under sections 353/324, PPC and FIR
No.215/2023 under section 23(1)(a) of the Sindh Arms Act, 2013, all registered
at Police Station New Karachi. No case of further inquiry 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