IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.145 of 2025
Criminal Bail
Application No.147 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail applications
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26.02.2025
Mr. Abdul Wahab Chohan, advocate for
applicant
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
SIP Jafoor Khan of PS Saeedabad
Complainant Adil present
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SHAMSUDDIN ABBASI,
J.—Applicant/accused Hussain
son of Muhammad Ghani seeks post arrest bail in FIR No.651/2024, registered at P.S. Saeedabad for offence under
sections 392, 397, 34, PPC and FIR
No.652/2024, registered at P.S. Saeedabad, Karachi for offence under
Section 23(1)(a) of the Sindh Arms Act, 2013, after rejection bail plea by
learned Additional Sessions Judge-III, Karachi West vide order dated
25.11.2024.
2. Brief
facts of the case are that applicant/accused was arrested red handed from the
place of incident and from his possessions one unlicensed 30 bore pistol,
robbed articles of complainants i.e. one purse, cash amount Rs.1060/-, copy of
CNIC of complainant Adil of FIR No.651/2024, robbed cell phone, were recovered in
presence of complainant Adil, who identified applicant, hence subject FIR.
3. Learned
counsel for applicant submits that per FIR applicant robbed cell phone G5 and the
said snatched mobile phone of complainant is not the case property in challan, therefore,
case of applicant 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 the applicant was arrested at spot and
robbed property was recovered from his possession along with one 30 bore pistol
and other articles. She further submits that there is another case against
applicant being FIR No.275/2023, registered at P.S. Madina Colony under section
3, 4, 8, Gutka Mawa Act, 2019. Complainant is present and submits that
applicant has snatched his valuables and was arrested by the police red handed and
robbed property was recovered from his possession.
5. Heard
learned counsel for applicant as well as Additional Prosecutor General Sindh and
complainant and perused the material available on record.
6. It
is the case of prosecution that applicant/accused was arrested red handed and
police recovered robbed property along with crime weapon. Complainant present
in Court submits that applicant/accused has robbed him and was arrested by
police read handed. Point raised by learned counsel for applicant that the
police did not show robbed cell phone G5 of complainant as case property in
challan. It is well settled proposition of law that at bail stage only tentative
assessment is to be made and deeper appreciation cannot be considered.
Sufficient material is available on record, which connects the
applicant/accused to the alleged offence, which brings his case within the
ambit of prohibitory clause of section 497, Cr.PC, therefore, instant criminal
bail applications are 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