ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.1000 of 2025

DATE	ORDER WITH SIGNATUREs OF JUDGEs

For hearing of bail application

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12.05.2025

Ms. Janipher Stephen Johnson, advocate for applicant

Ms. Amna Ansari, Additional Prosecutor General Sindh

SIP Illahi Bux Wafa of PS Clifton Karachi

Complainant Muzzamil Shah present

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Applicant/accused Rahib son of Hakim Masih seeks post arrest bail in FIR No.35/2025, registered at P.S. Clifton, Karachi for offence under Section 397, 34, PPC, who is allegedly involved in the instant case on the allegation of committing robbery/dacotiy on gunpoint from the complainant and robbed Rs.30,000/- containing in his purse and mobile phone containing SIM Card No.0326314832 and escape away.

2. Learned counsel for applicant argued that applicant is not nominated in the FIR and nothing incriminating material has been recovered from his possession. Moreover, complainant has recorded his no objection for grant of bail. In support of her contention, she relied upon the case of Tasawar Hussain versus the State (2021 YLR Note 124).

3. On the other hand, learned Additional Prosecutor General Sindh has opposed for grant of bail on the ground that alleged offence is heinous one and there is criminal history of applicant/accused, who is involved in four other like nature cases.

4. Heard learned counsel for applicant, learned Additional Prosecutor General Sindh and complainant and carefully perused the material available on record.

5. From perusal of record it appears that alleged offence is not compoundable; so far as affidavit sworn by complainant to the extent of no objection for grant of bail to the applicant is concerned, it carries no weight. Per learned Additional Prosecutor General Sindh he is also involved in 4 other criminal cases of like nature. Complainant has rightly identified the applicant in identification parade during investigation. 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, expeditiously, preferably within a period of 3 months.

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