IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail
Application No.2302 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
--------------------------------------------
27.02.2025
Mr. Shujaat Ali Khan, advocate for applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
Mr. Kamran Asghar,
advocate for complainant
-------------------------------------------
Applicants/accused
Hameed Khan and Noor Muhammad seek pre-arrest bail in
FIR No.482/2024, registered at P.S. Saeedabad,
Karachi, under Sections 448, 511, 427, 380, 34, PPC, after rejection of their
bail plea by learned Additional Sessions Judge-XII, Karachi West vide order
dated 20.09.2024.
2. Brief facts
of the case are that complainant owned House No.161, Block-C, situated in Musharaf Colony, Karachi which was given to Sarfraz on rent, such tenancy agreement was executed. On
07.07.2024 at about 07:00 p.m. Abdul Majeed alias Hanif, Noor Muhammad, Waseem
contractor and 4/5 others person in collusion of his tenant Sarfraz
demolished his said house and taken away windows, doors, chadars,
electric meter, wirings and 2 motors, in order to illegally occupy the said
house. Later on, complainant called at 15, submitted application to SHO of
Police Station concerned, however, due to inaction on the part of SHO, he
approached learned ADJ West, Karachi, and upon directions issued by the Court,
complainant approached SHO concerned, who recorded his statement under section
154, Cr.PC. Hence the subject FIR.
3. Learned
counsel for applicants/accused mainly contended that the IO has recommended the
case for disposal under “C” class and such summary is pending before learned
Magistrate concerned for passing appropriate orders but the Court is lying
vacant. He further submits that main accused was granted bail by learned
Magistrate-XI, Karachi West vide order dated 30.08.2024 and the case of the
applicants/accused is identical to that of main accused. Copy of bail granting
order to co-accused dated 30.08.2024 and report under section 173, Cr.PC is placed on record.
4. Learned
Additional Prosecutor General Sindh, assisted by the counsel for complainant,
has opposed the bail application on the ground that alleged offence is
cognizable, however, they admit the fact that IO has commended the case for
disposal under “C” class, bail has been granted to co-accused Sarfraz and the said order has not been assailed before any
other forum.
5. Heard
learned counsel for applicants, Additional Prosecutor General Sindh, counsel
for complainant and perused the material available on record.
6. It is
matter of record that IO has recommended this case for disposal under “C”
Class, such summary is pending before concerned Judicial Magistrate but the
Court is lying vacant as such no appropriate orders have been passed on such
summary. Moreover, bail has been granted to co-accused
Sarfraz and the case of present applicants/accused is
on identical footings. Prima facie, from the tentative assessment of material
available on record, case for grant of bail to applicants has been made out, therefore,
interim pre-arrest bail granted to applicants Hameed
Khan and Noor Muhammad by this Court vide order dated 08.10.2024 in the
aforesaid FIR is hereby confirmed on the same terms and conditions.
7. The
instant bail application is accordingly disposed of.
J U D G E
Gulsher/PS