ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.874
of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For hearing of bail
application
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12.05.2025
None
present for applicant
Ms.
Rubina Qadir, D.P.G.
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Applicant/accused Ali Gul son of Dodo Khan seeks post arrest bail in FIR No.645
of 2024, registered at P.S. Sukhan, Malir, Karachi for offence under Section 392, 397, 34, PPC,
who is allegedly involved in the instant case on the allegation of committing
robbery/dacotiy on gunpoint from the complainant.
2. None appeared for applicant. However,
perusal of grounds mentioned in bail application reveals that applicant/accused
is innocent and he has been falsely implicated in this case; that applicant has
nothing to do with the alleged offence and recovery has been foisted upon him
in order to strengthen the case; that the identification parade has been
managed by the IO. Moreover, complainant has recorded his no objection for
grant of bail before learned trial Court; that there are independent witness in
the alleged offence and the case of applicant requires further inquiry in terms
of Section 497(2), Cr.PC.
3. Learned D.P.G. has opposed for grant of
bail on the ground that this Court has already dismissed bail application of
co-accused Muhammad Jamshed vide order dated
04.02.2025, with directions to the trial Court to conclude the trial within 60
days and the case of present applicant is on identical footings.
4. Heard learned D.P.G. and carefully
perused the material available on record.
5. From perusal of record it appears that
alleged offence is not compoundable; so far as the affidavit submitted by
complainant to the extent of no objection for grant of bail is concerned, it carries
no weight. During investigation, crime weapon has been recovered from
possession of applicant and a separate FIR has been registered against him. Per
learned D.P.G., he is also involved in 5 other criminal cases of like nature.
It is a matter of record that this Court has already dismissed the bail
application of co-accused Muhammad Jamshed bearing
Criminal Bail Application No.179/2025 vide order dated 04.02.2025 and issued
directions to the trial Court to conclude the case of applicant preferably
within 60 days. Complainant has rightly identified the applicant in
identification parade during investigation. Case of applicant is on identical
footing to the case of
co-accused Muhammad Jamshed. Sufficient
material is available on record, which connects the applicant in the commission
of alleged offence, therefore, no case of further inquiry in the case of
applicant is made out, as such, instant criminal bail
application is dismissed. However
learned trial Court is directed to conclude the trial of instant case, as
already directed by this Court in the aforesaid criminal bail application of
co-accused Muhammad Jamshed.
6. The observations made herein above are
tentative in nature the same would not prejudice the case of either party at
trial.
J U D G E
Gulsher/PS