IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Miscellaneous Application No.230 of 2025
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DATE |
ORDER WITH SIGNATUREs OF JUDGEs |
For hearing of main case
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02.05.2025
Mr. Irfan Ali Jamali, advocate for applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
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Applicant is complainant in FIR No.674/2024, registered at P.S. Azizabad for offence under Sections 147, 148, 149, 324, PPC and he has challenged order dated 29.01.2025 passed by learned III Additional Sessions Judge, Karachi Central whereby learned trial Court granted pre-arrest bail to accused/respondents, except respondent Rasheed son of Malhi. Learned counsel for applicant mainly contended that applicants are criminals and they are extending threats to the complainant party to withdraw from their case.
Learned Additional Prosecutor General Sindh supported the impugned order.
Heard learned counsel for applicant as well as learned Additional Prosecutor General Sindh and perused the material available on record.
Instant criminal miscellaneous application has been moved by the applicant for cancellation of bail on the ground that after granting pre-arrest bail to respondents they are issuing threats to the complainant party to withdraw from their case. From perusal of record it appears that no case for cancellation of bail is made out as I do not find any illegality committed by learned trial Court while granting bail to the accused/respondents. It is well settled law that considerations for grant of bail and those for its cancellation are entirely different as held by the apex Court in case cases of Saeedullah & 2 Others versus The State (2023 SCMR 1397), Samiullah and another versus Laiq Zada and another (2020 SCMR 1115) and Shahid Arshad versus Muhamad Naqi Butt and 2 others (1976 SCMR 360). However, grounds taken by learned counsel for complainant that after granting bail to the accused/respondents they are extending threats for dire consequences to withdraw from the case. In view of above situation, complainant may file application for cancellation of bail on the ground of misuse of concession of bail before learned trial Court. In view of such position, instant criminal miscellaneous application is dismissed.
J U D G E
Gulsher/PS