IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.609 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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14.04.2025
M/s Tahir Saleem & Aftab Ali Panhwar,
advocates for applicants/accused
Ms. Amna Ansari, Additional
Prosecutor General Sindh
Mr. Abdul Monem, advocate for
complainant
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SHAMSUDDIN ABBASI,
J.—Applicants/accused Akram
son of Farooq, Irfan son of Muhammad Rehman, Suleman son of Abdul Sattar and
Idrees Khan son of Aleem Khan seek post arrest bail in FIR No.52/2025,
registered at P.S. Shahrah-e-Noor Jahan, Karachi for offences under sections
147, 148, 149, 395, 365, 324, PPC, after rejection of their bail plea by Additional
Sessions Judge-I, Karachi Central vide order dated 21.02.2025.
2. Brief
facts of the case are that on 24.01.2025, 30/35 unknown persons, duly armed
with weapons, attacked at the plot of complainant, who was present there along with
his servants and security guards, and kidnapped one lady and two male persons,
robbed cash amount and weapons from security guards and caused firearm injuries
to security guards of complainant, hence the subject FIR.
3. Learned
counsel for applicants contends that there is civil dispute between the parties
over the possession of plot; that co-accused Amanllah and Tajuddin were
nominated in FIR and they were granted interim pre-arrest bail by this Court
vide order dated 10.04.2025 and the case of applicants is on identical footings
on the ground that no any incriminating material has been recovered from their
possession; that they are in custody without any progress in trial and there
are general allegations against the applicants, therefore, their case requires
further inquiry in terms of Section 497(2), Cr.PC.
4. On the
other hand, learned Additional Prosecutor General Sindh, assisted by counsel
for complainant, opposed the grant of bail to applicants on the ground that case
of co-accused Amanllah and Tajuddin is on different footings as the applicants
were arrested at spot; that the alleged offence comes within the ambit of
prohibitory clause of section 497, Cr.PC; that IO has collected CDR of
applicants which shows their presence at the scene of offence at the time of
incident, therefore, they are not entitled for grant of bail.
5. Heard
learned counsel for applicants, Additional Prosecutor General Sindh and counsel
for complainant and perused the material available on record.
6. Motive
behind the incident is dispute over the possession of plot. It is well settled
proposition of law that motive is always treated as double aged weapon, which
cuts both the sides and there is delay of three hours in lodging of FIR and in the
background of enmity it cannot be ruled out that FIR has been lodged after
deliberation and consultation. There are general allegations against 30/35
persons, including the present applicants, who were apprehended by complainant
party at the spot and there custody has been handed over to the police but no
any incriminating material has been recovered from their possession. Co-accused
Amanullah and Tajuddin are nominated in FIR and they were granted pre-arrest
bail by this Court vide order dated 10.04.2025. Sufficient grounds are available
on record which makes out the case of applicants for further inquiry in terms
of section 497(2), Cr.PC, therefore, they are admitted to post-arrest bail,
subject to their furnishing solvent surety in the sum of Rs.100,000/- (Rupees one hundred thousand) each and
P.R. bond in the like amount to the satisfaction of trial Court.
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 applicants/accused
on merits.
J
U D G E
Gulsher/PS