IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail Application No.705 of 2025
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DATE |
ORDER WITH SIGNATUREs OF JUDGEs |
For hearing of bail application
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29.04.2025
Mirza Tanveer Ahmed, advocate for applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
SIP Javed of PS Zaman Town
Complainant Aliya Khan in person
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Shamsuddin Abbasi, J.—Applicant/accused Muhammad Ateeq-ur-Rehman seeks post arrest bail in FIR No.829/2024, registered at P.S. Zaman Town, Karachi for offence under section 295-B, PPC, after rejection of their bail plea by the trial Court vide order dated 11.10.2024.
2. Briefly, facts of instant case are that applicant/accused tried to fire Ayat of Holly Quran, printed on a decoration piece of wooden sheet, which was burnt to some extent and recovered from the place of incident, hence the subject FIR.
3. Learned counsel for applicant submits that the complainant of FIR was not the eyewitness of incident and she has recorded her no objection before learned trial Court for grant of bail wherein she has categorically stated that she has not seen the alleged incident and FIR was lodged by her at the instance of PW Waqas, therefore, case of applicant requires further inquiry in terms of section 497(2), Cr.PC.
4. On the other hand, learned Addl: P. G. Sindh has opposed for grant of bail on the ground that the alleged offence is heinous one and the case of applicant comes within the prohibitory clause of section 497, Cr.PC.
5. Complainant is present in person, she reiterated the facts mentioned in her no objection affidavit filed before learned trial Court and she submits that she is not the eyewitnesses of alleged incident but she registered her FIR at the instance of PW Waqas.
6. Heard learned counsel for applicant, Additional Prosecutor General Sindh, complainant in person and perused the material available on record.
7. Since the complainant of this case has filed her affidavit of no objection in which she has categorically stated that she is not the eyewitnesses of the alleged incident and she has registered the FIR at the instance of PW Waqas. In view of such affidavit of no objection and her statement, the case of applicant requires further inquiry in terms of Section 497(2), Cr.PC. In such like cases, rule is grant of bail and its refusal is an exception. Reliance is placed on the case of Muhammad Tanveer versus State (PLD 2017 SC 733)
8. In the view of above, applicant/accused has made out a case for grant of post arrest bail, therefore, post arrest bail is granted to him, subject to his furnishing solvent surety in the sum of Rs.100,000/- and P.R. bond in the like amount to the satisfaction of the trial Court.
9. Needless to mention here that observations made hereinabove are tentative in nature and would not prejudice the case of either party at trial.
10. Instant criminal bail application is disposed of in the above terms.
J U D G E
Gulsher/PS