IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.616 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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22.04.2025
Mr. Shah Imroz
Khan, advocate for applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
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Shamsuddin Abbasi, J.—Applicant/accused
Mubashir son of Muhammad Shafi
seeks post arrest bail in FIR No.139/2024,
registered at P.S. Bin Qasim for offence under
sections 392, 397, 34, PPC, after rejection of his bail plea by learned VIII
Additional Sessions Malir Karachi vide order dated 27.02.2025.
2. Brief
facts of the case are that complainant lodged FIR, alleging therein that on
29.04.2024, Vehicle/Trailer of IFI Logistic Company bearing Registration
No.JV-7271, Engine No.UGM-14948, Chassis No.DKT-12344, Model 2019, 22 wheeler
was snatched from its driver by 3 unknown persons on gunpoint from new Parking
Area of Port Qasim, hence the subject FIR.
3. Learned
counsel for applicant submits that applicant is innocent, he is not named in
FIR and has been falsely implicated due to enmity in this case by complainant
in connivance of police for mala fide intentions and ulterior motives; that
co-accused have already been granted bail and present applicant is also
entitled for bail on the rule of consistency; that applicant was arrested on
02.05.2024, yet charge has not been framed; that the alleged offence does not
come within the prohibitory clause of section 497, Cr.PC.
He prays for grant of post arrest bail to the applicant.
4. On the
other hand, learned Additional Prosecutor General Sindh has opposed the grant
of bail to applicant on the ground that applicant is involved in the alleged
offence and snatched vehicle 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. From
tentative assessment of material available on record, it appears that the FIR
was registered against unknown accused but the applicant was arrested along
with robbed vehicle i.e. Trailer No.JV-7271, Engine No.UGM-14948, Chassis
No.DKT-12344 in presence of mashirs for recovery.
That case of co-accused is on different footings to that of present applicant,
who were implicated in this case on the basis of statements of applicant recorded
by IO wherein he disclosed the names of co-accused, which is inadmissible in
law; that since the recovery of robbed vehicle has been effected from present
applicant, it falls under Section 412, PPC which is punishable with imprisonment
for life, or with rigorous imprisonment for a term which may extend to ten
years, and shall also be liable to fine. Case of present applicant falls within
the ambit of prohibitory clause of Section 497, Cr.PC,
therefore, he is not entitled for grant of bail. As such, instant criminal bail
application is dismissed. As per
report furnished by learned trial Court case has been proceeded
and examination-in-chief of PW-1 has been recorded, who is star witness,
therefore, learned trial Court is directed to conclude the trial preferably
within three months under intimation to this Court through learned MIT-II.
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