IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.2155 of 2025
[ Muhammad Furqan
Kundan and Muhammad Ammad Ali Kundan vs State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
-----------------------------------------------------
03.02.2026
M/s
Zahid Hussain Soomro & Riaz Alam, advocates for applicants
Mr. Sharafuddin Kanhar, APG
Mr. Muhammad Imran Arain, advocate
a/w complainant Mukhtiar Ali
-------------------------------------------
Applicants/accused
Muhammad Furqan Kundan and Muhammad
Ammad Ali Kundan both sons of Muhammad Ali
Kundan seek pre-arrest bail in FIR No.264/2025, registered at P.S. Ferozabad
for offence under Sections 341, 365, 397, 34, 506-B, PPC read with Sections 3
and 4 of the Lawyers Welfare and Protection Act, 2023, after rejection of their
bail plea by learned Additional Sessions Judge-I, Karachi East Karachi vide
order dated 18.08.2025.
Facts
of the prosecution case as stated in FIR are that complainant Mukhtiar Ali and
Abdul Wahab Rajper, advocates came to PECHS, Madina Masjid Street No.2, they
witnessed 14/15 police officials, duly armed, were present in four official
mobiles, two Toyota corolla cars were also with them, in which eight armed
persons, to be identified on appearance, were present, they stopped the
complainant and his friend and misbehaved. Complainant party introduced
themselves as advocates by profession. Complainant started recording the
illegal act of police personnel and privates persons in his mobile, to which
police official named Muneeb Ghanghro became enraged and aimed his pistol at
the temple of complainant. Police officials dragged the complainant and his friend
and abducted them in police mobile, their mobile phones were also snatched;
upon hue and cry of complainant and his friend they thrown them near park and
escaped away, hence the subject FIR.
Learned
counsel for applicant, submits that applicants/accused are innocent and they
have been falsely implicated in this case due to mala fide intention and
ulterior motives; that applicants/accused are not nominated in FIR and they
have been implicated in this case on the basis of further statement of complainant
recorded by IO, with a delay of 01 month and 18 days; that there is dispute
between the applicant party with one Syed Qamar Abbas alias Imran, who has
shown himself as an enrolled advocate. Learned counsel for applicants placed on
record photostat copies of letter issued by Acting Secretary, Sindh Bar Council
wherein Sindh Bar Council denied the enrollment of Syed Qamar Abbas as an
advocate. He has also placed on record various FIRs, registered against Syed
Qamar Abbas at various police stations. He further submits that said Syed Qamar
Abbas is absconder in heinous offences like cases of 365-A, PPC, kidnapping for
ransom. That one of PWs Imran and Syed Qamar Abbas is same person, who is
involved in FIRs. He has placed on record FIR No.378/2021, registered by
complainant Malik Zeeshan Haider against Syed Qamar Abbas showing Qamar Abbas as
alias Imran, who is witness of this case; that applicant produced audio clip
where complainant demanded 7 Million from father of applicant to exonerate him
for commission of offence.
On
the other hand, learned counsel for complainant opposed for grant of bail on
the ground that applicants are involved in a heinous offence; that they have
taken law in their hands and robbed mobile phones and other valuables from
complainant party; complainant present in Court denies any relationship with
Syed Qamar Abbas and submits that there is dispute between applicant party and
Syed Qamar Abbas and he has nothing to do with their dispute. Complainant is an
advocate present in Court submits that all the accused were in muffled faces
and during scuffle with accused he succeeded to remove mask of 2/3 accused out
of them he only identified co-accused Muneeb Ghanghro.
Learned
A.P.G. has also opposed for grant of bail and submits that police officials
were found innocent during investigation.
Heard learned counsel for applicants; learned counsel
for complainant as well as learned A.P.G. and perused the material available on
record.
Admittedly, applicants/accused are not nominated in the
FIR and they have been implicated in this case on the basis of further
statement of the complainant, recorded by IO with a delay of 01 month and 18
days. It is settled proposition of law that further statement of the
complainant makes out a case of further inquiry in terms of Section 497(2),
Cr.PC as held by the Supreme Court of Pakistan in its various pronouncements,
such as, 2025 SCMR 1596 (Ejaz Ahmed Chaudhry versus The State), 2025 SCMR 1509
(Hafiz Farhat Abbas versus the State) 2024 SCMR 1528 (Mst. Ishrat Bibi versus
the State). Moreover, merits of the case cannot be considered in pre-arrest
bail as held by the Supreme Court of Pakistan in the cases of Muhammad Ramzan
versus Zafrullah (1986 SCMR 1380) and Muhammad Ijaz versus The State (2022 SCMR
1271). Moreover, alleged offence does not come in the ambit of prohibitory
clause of Section 497, Cr.PC and rule in such cases is grant of bail and its
refusal is an exertion as held by the apex Court in the case of as held by apex Court in the case of Muhammad Tanveer
versus State (PLD 2017 SC 733). Sufficient grounds are available on record, which make out the case of
applicants/accused for further inquiry, therefore, interim pre-arrest bail
granted to the applicants/accused above named by this Court vide order dated
25.08.2025 is confirmed on the same terms and conditions.
At this stage, learned
counsel for applicants/accused submits that the applicants are facing threats
at the hands of complainant who is an advocate for humiliation and maltreatment
if they go to face the trial in City Courts, therefore, this case may be
withdrawn from the file of learned Sessions Judge, East Karachi and may be
transferred to Additional Sessions Judge, South, Karachi at Judicial Complex,
Central Prison, Karachi. Request of the learned counsel for applicants seems to
be logical and cannot be ignored, therefore, the case of the applicants is
withdrawn from the file of learned Sessions Judge Karachi East and is
transferred to the competent Court of law/Additional Sessions Judge, Karachi
South, Judicial Complex, inside Central Prison, Karachi.
The instant
criminal bail application is accordingly disposed
of.
J
U D G E
Gulsher/PS