ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Criminal
Bail Application No.3026 of 2024
Criminal Bail Application No.2309
of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For hearing of bail
applications
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12.05.2025
Mr.
Abdul Jabbar Metlo,
advocate for applicants
Ms.
Rubina Qadir, D.P.G.
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Applicants Arsalan
son of Allauddin Shaikh and
Nabeel son of Sher Muhammad
alias Shero Chachar seek
post arrest bail in FIR No.997/2024
for offence under sections 392, 397, 34, PPC of P.S. Surjani
Town, Karachi, after rejection of their bail plea by learned Additional
Sessions Judge-XII, Karachi West vide order dated 10.12.2024.
2. Facts involved in the instant case are
that complainant Mazhar Hussain
lodged aforesaid FIR on 14.08.2024, alleged therein that he is a driver and on
10.08.2024 he loaded 16 LPG cylinders in Suziki
No.KR-8088 from Aash Company Hub Chowki
and while travelling to Surjani Town, when he reached
at Katcha Road, Sector 53, near Mashood
Coach stand at 10:30 a.m., four persons arrived in Car No.BXX-826, duly armed
with weapons, snatched his Suzuki with 16 LPG cylinders and one mobile phone
and escaped away, hence the subject FIR.
3. Learned counsel for applicant argued
that there is delay of four days in lodging of FIR without any plausible
explanation; recovered Suzuki car has been foisted upon applicants in order to
strengthen the case; that during investigation, statement of complainant was
recorded under Section 164, Cr.PC and complainant has
implicated the applicants on the basis of statement of one Arif
Hussain, who is owner of Suzuki car; that sufficient
material is available on record, which requires further inquiry in terms of
Section 497(2), Cr.PC. No one is in attendance on
behalf of applicant Nabeel in connected Criminal Bail
Application No.2309/2024.
4. Learned D.P.G. has opposed for grant of
bail to both applicants/accused on the ground that snatched Suzuki car
has been recovered on their pointation; that
complainant has identified both the applicants before learned Magistrate during
identification parade; that sufficient material is available on record which
connects them in the commission of alleged offence.
5. Heard learned counsel for applicant as
well as learned D.P.G. and perused the material available on record.
6. Complainant of this
case, namely, Mazhar Hussain
lodged FIR by stating that he is driver and on 10.08.2024 he loaded 16 LPG
cylinders on Suzuki, when the applicants robbed the said vehicle along with
cylinders. During investigation, applicants were arrested and on their pointation robbed Suzuki car has been recovered and during
investigation they were put to identification parade where complainant has
identified them as accused and, moreover, IO collected CCTV footages of Hub Chowki Byco Petrol Pump which
shows the presence of applicants at the scene of offence. Learned counsel for
applicants mainly contended that there is delay of four days in lodging of FIR
and it is not alleged that applicants have pointed their weapons, therefore,
section 397, PPC does not applicable to the present case. It is well settled
principle of law that at the bail stage, the Court is not to make deeper
examination and appreciation of the evidence collected during investigation or
to conduct anything in the nature of a preliminary trial to determine the
accused's guilt or innocence as held by the apex case in the case of Muhammad Sarfraz
Ansari versus The State and others (PLD 2021 Supreme Court 738). From the tentative assessment of record it
appears that sufficient material has been collected during investigation, which
connects the applicants in the commission of offence, no case of further
inquiry has been made out. Therefore, instant criminal bail applications are dismissed.
7. The observations made
herein above are tentative in nature the same would not prejudice the case of
either party at trial.
Office to place
copy of this order in Cr. Bail Application No.2309/2024.
J U D G E
Gulsher/PS