IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.2686 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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26.02.2025
M/s Irfan Aziz Aijazuddin Warsi, advocates
for applicant
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
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SHAMSUDDIN ABBASI,
J.—Applicant/accused Agha Mir
son of Noor Muhammad seeks post arrest bail in FIR No.340/2024, registered at P.S. Sohrab Goth for offence under
sections 324, 511, 337F(ii) PPC, after rejection of his bail plea by the trial
Court vide order dated 04.09.2024.
2. Brief
facts of the case are that on 03.06.2024 at about 0540 complainant Haji Sakhi
Murad lodged FIR, alleging therein that on the said date after performing Namaz
when he reached in street he heard voice of commotion, his maternal nephew
Dilawar disclosed that his father Meer Ahmed and uncle Agha Mir are trying to
kill his mother, namely, Lawangin daughter of Haji Saeed by tying rope around
her neck, he rushed to the house and saw that Meer Ahmed was dragging his
sister by tying rope around her neck and his brother was using force upon her,
while Ameena and mother of complainant were trying to save her, all accused
person escaped away from spot, thereafter, he brought his sister in unconscious
condition for treatment. Hence subject FIR.
3. Learned
counsel for applicant submits that there is delay of 18 days in lodging the
FIR, without any plausible explanation; that main allegation is against
co-accused Mir Ahmed, who is brother of applicant and husband of victim lady
and the applicant has been falsely implicated in this case; as per medical
certificate injury was declared under section 337L(ii), which is bailable,
however, application of section 324, PPC is yet to be determined at trial. He
prays for grant of bail to applicant/accused.
4. On the
other hand, learned Additional Prosecutor General Sindh opposed the grant of
bail to applicant on the ground that applicant has amply participated in
commission of offence and caught hold the lady injured. Complainant and his
counsel are called absent, without intimation.
5. Heard
learned counsel for applicant as well as Additional Prosecutor General Sindh and
perused the material available on record.
6. It
is alleged in the FIR that co-accused Mir Ahmed strangulated the victim lady
whereas allegation against present applicant is that he caught hold the lady. Main
allegation is against co-accused Mir Ahmed. Both the parties have registered
criminal cases against each other. Per medical certificate, injury sustained by
injured lady was declared under section 337L(ii), PPC, which is a bailable
offence, however, application of section 324, PPC is yet to be determined at
trial.
7. In
the view of above, applicant/accused has made out a case for grant of post
arrest bail in terms of Section 497(2), Cr.PC, he is admitted to bail, subject
to furnishing solvent surety in the sum of Rs.50,000/- and P.R. bond in the
like amount to the satisfaction of trial Court.
8. 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.
9. Instant
criminal bail application is disposed of in the above terms.
J
U D G E
Gulsher/PS