ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.269
of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For hearing of bail application
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08.05.2025
M/s
Liaquat Ali Khan & Shafique
Ahmed, advocates for applicant
Ms.
Seema Zaidi, Additional
Prosecutor General Sindh
PI
Irshad Korai of PS Surjani Town, Karachi
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SHAMSUDDIN ABBASI, J.—Applicant/accused
Munir Ahmed son of Allah Ditta
seeks post arrest bail in FIR No.1450/2024,
registered at P.S. Surjani Town, Karachi for offence
under sections 322, 34, PPC, after rejection of his bail plea by learned
Additional Sessions Judge-X, Karachi West vide order dated 15.01.2025.
2. Brief facts of the case are that wife
of complainant, namely Mst. Irshad
Bibi was not feeling well, on 26.11.2024 she went to
Dr. Sheeza’s clinic, who gave her injection and
medicines etc. but she complained of pain in her shoulder, she was again sent
to the clinic for checkup. On 28.11.2024 his wife was taken to Dr. Sheeza and her husband’s clinic at Geoline
Clinic at Sakhi Hassan Karachi where husband of Dr. Sheeza misbehaved with attendant of his wife namely Azmat. On 29.11.2024 at 12:00 noon, Dr. Sheeza
and her husband came to their house and administered drip to Mst. Irshad Bibi,
however, they taken away all prescriptions along with them. Later on, at about
5 p.m. his wife expired. However, Dr. Sheeza and her
husband escaped away from their clinic. Thereafter, dead body was brought to Abbasi Shaheed Hospital for postmortem.
Hence the subject FIR.
3. Learned counsel for applicant submits that applicant/accused
is innocent and he has been falsely implicated in this case; that alleged
offence does not fall within the prohibitory clause of Section 497, Cr.PC; that punishment provided for offence under Section
322 is payment of diyat amount and the applicant is
ready to furnish such surety before learned trial Court.
4. On the other hand, learned Addl:
Prosecutor General Sindh has opposed for grant of bail on the ground that applicant
is nominated in FIR, however, she submits that punishment provided for qatl-bis-sabab is payment of diyat.
5. Heard learned counsel for applicant as
well as Additional Prosecutor General Sindh and perused the material available
on record.
6. Admittedly, the
punishment provided for offence under section 322, PPC is payment of diyat, which requires evidence, therefore, case of
applicant requires further inquiry in terms of section 497(2), Cr.PC. Learned trial Court dismissed his post arrest bail
application on the ground that bail application moved by applicant is at premature
stage. Sufficient grounds are available on record to make out his case which
requires further inquiry in terms of section 497(2), Cr.PC,
therefore, applicant is admitted to post arrest bail, subject to his furnishing
solvent surety in the sum of Rs.300,000/- (Rupees
three hundred thousand only) and P.R. bond in the like amount to the
satisfaction of trial Court.
8. Needless to mention here
that the observations made hereinabove are tentative in nature, the same would
not influence the trial Court while deciding the case of the applicant/accused
on merits.
9. Instant criminal bail
application is disposed of in the above terms.
J U D G E
Gulsher/PS