ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.925
of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For hearing of bail application
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08.05.2025
Mr.
Abdul Haleem Jamali,
advocate for applicant
Ms.
Seema Zaidi, Additional
Prosecutor General Sindh
SIP
Shakeel Ahmed and SIP Muhammad Akram
of PS Surjani
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SHAMSUDDIN ABBASI, J.—Applicant/accused
Saeed son of Waheed seeks
post arrest bail in FIR No.232/2025,
registered at P.S. Surjani Town, Karachi for offence
under sections 392, 397, 34, PPC, after rejection of his bail plea by learned
Additional Sessions Judge-VIII, Karachi/MCTC vide order dated 17.03.2025.
2. Brief facts of the case are that complainant
has given his Rickshaw bearing registration NoAAC-6930, Model-2024, Engine No.X163ML24031215 to Shahzeb
son of Orangzeb. On 15.10.2024 said Shahzeb reported him that said rickshaw was robbed from him
by three unknown persons from Sector 51, Taiser Town,
Near main Road Northern Bypass Karachi at about 01:30
p.m. On 23.02.2025 on the pointation of driver Shahzeb present applicant/accused, who was involved in
robbing his rickshaw, was arrested on 23.02.2025, who disclosed the names of
his companions as Aman and Zubair,
hence the subject FIR.
3. Learned counsel for applicant submits
that there is delay of 4 months and 8 days in lodging of FIR without any
plausible explanation; that applicant is nominated in FIR but he was arrested on
the same day when the FIR was lodged, however, no any incriminating material
has been recovered from his possession.
4. On the other hand, learned Addl: Prosecutor General Sindh has opposed for grant of
bail on the ground that IO has collected sufficient material against the applicant
to connect him with the alleged offence, however, she submits that there is no
other criminal case against the applicant.
5. Heard learned counsel for applicant as
well as Additional Prosecutor General Sindh and perused the material available
on record.
6. Admittedly, there is
delay of 4 months and 8 days in lodging of FIR, without any plausible
explanation. Applicant is nominated in FIR but he was arrested on the same day
when FIR was lodged, however, no incriminating material has been recovered from
his possession. Moreover, there is no other criminal case registered against him.
The alleged
offence does not fall within the ambit of prohibitory clause of Section 497, Cr.PC and rule in such cases is bail and its refusal is an
exception, as held by apex Court in the case of Muhammad Tanveer
versus State (PLD 2017 SC 733).
7. In view of above,
applicant above named is admitted to post arrest bail, subject to his
furnishing solvent surety in the sum of Rs.100,000/- (Rupees one 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