IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail
Application No.1128 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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19.05.2025
Mr. Muhammad Naveed Saleem, advocate for
applicant
Ms.
Seema Zaidi, Additional
Prosecutor General Sindh
SIP Muhammad Nasir
of PS Preedy, Saddar
Karachi
Complainant in person
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Applicant
Mubeen Ashraf seeks post arrest bail in FIR No.543/2024,
registered at P.S. Preedy under section 397, 34, PPC,
after rejection of his bail plea by Additional Sessions Judge-VI, Karachi South
vide order dated 09.01.2025, who was allegedly arrested at the spot in presence
of complainant and private person namely Abdul Nafay,
while snatching motorcycle from complainant, whereas his two accomplices were
escaped away along with snatched motorcycle.
2. Learned
counsel for applicant submits that applicant is innocent and he has been
falsely implicated in this case by complainant; that nothing incriminating
material has been recovered from his possession; that there is no CRO of
applicant; that IO has recorded statement of complainant under section 154,Cr.PC at the spot; that there is violation of section 103, Cr.PC and no specific role has been assigned to the
applicant/accused.
3. On the
other hand, learned Additional Prosecutor General Sindh, assisted by
complainant, opposed for grant of bail on the ground that applicant was
apprehended at spot; that complainant of this case has fully implicated him in
his statement u/s 154, Cr.PC, which connects him in
commission of alleged offence.
4. Heard
learned for applicant, learned Additional Prosecutor General Sindh, complainant
in person and perused the material available on record.
5. From
tentative assessment of material available on record, it appears that applicant
has been captured by police from the place of incident in presence of mashirs. Learned counsel for applicant mainly contended
that there is violation of section 103, Cr.PC and the
IO has failed to produce any independent witnesses. Since the
applicant has been arrested at spot, which connects him in the commission of
alleged offence. No case for grant of post arrest bail has been made out, therefore, instant criminal bail application is dismissed.
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