IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.3346 of 2025
[ Gul Hassan son of Aqeel Kehar versus The
State ]
Criminal Bail Application No.3191 of 2025
[ Muhammad Awais
son of Qaiser Khan versus The State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
-----------------------------------------------------
04.02.2026
Mr. Sadam Hussain
Abbasi, advocate for applicant in B.A. 3346/3035
Mr. Akhtar Ali Jamari, advocate for
applicant in B.A. No.3191/2025
Mr.
Sharafuddin Kanhar, APG
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SHAMSUDDIN
ABBASI, J.- Applicants/accused Gul
Hassan son of Aqeel Kehar and Muhammad Awais son of Qaiser Khan seek post arrest
bail in FIR No.179/2025, registered at P.S. Dhabeji for offence under Sections
395, 35, PPC, after rejection of their bail plea by learned Additional Sessions
Judge-I/M.C.T.C., Thatta vide order dated 27.10.2025.
2. Brief
facts of prosecution case are that complainant, who is engaged in the business
of dairy, having milk shop at Gulshan-e-Hadeed, on the date of incident, he
kept Rs.4,000,000/- in milk can for payment to various persons on account of
cost of milk, when he reached at Dhabeji, Panj Dari, on his Suzuki No.LB-7231,
six persons riding on 125 motorcycles, armed with pistols, stopped him and
snatched Rs.4,000,000/- and mobile phones and escaped away, hence the subject
FIR.
3. Learned
counsel for applicants submits that the alleged offence does not come within
the ambit of prohibitory clause of Section 497(1), Cr.PC; that there is no CRO
of applicants/accused; that no any incriminating material has been recovered
from the possession of applicants; that complainant has extended no objection
for grant of post-arrest bail due to settlement of dispute with applicants
outside the Court, hence they pray for grant of post arrest bail to applicants.
4. Learned
A.P.G. has formally opposed for grant of post arrest bail on the ground that this
is an offence against the society.
5. Heard
learned counsel for applicants as well as learned A.P.G. and perused the
material available on record.
6. Admittedly,
the applicants are not nominated in the FIR; during investigation, they were
arrested but nothing incriminating has been recovered from their possession.
Moreover, complainant has recorded no objection for grant of bail to the
applicants; there is no CRO of applicants. Case of applicants/accused requires
further inquiry in terms of Section 497(2), Cr.PC. Reliance is placed on the
case of Muhammad Ameen versus the State (2022 SCMR 1444). Therefore, the
applicants are admitted to post arrest bail, subject to their furnishing
solvent surety in the sum of Rs.100,000/-
(Rupees one hundred thousand) each
and P.R. bond in the like amount to the satisfaction of the trial Court.
8. Needless
to mention here that the observations made hereinabove are tentative in nature,
the same would not prejudice the case of either party at trial.
9. Both
the captioned criminal bail applications are disposed of in the above terms.
J U D G E
Gusher/PS