IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.111 of 2026
[
Muhammad Khan versus The State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
-----------------------------------------------------
10.02.2026
M/s
Saddam Hussain Chang & Sajid
Ali Lakho, advocates a/w applicant
Mr. Sharafuddin
Kanhar, APG & Ms. Rukhsana
Qassim Mirjat, ADPP
SIP Mujahid
Ahmed of PS Sukhan
-------------------------------------------
Applicant
Muhammad Khan son of Muhammad Bux Kakepoto
seeks pre-arrest bail in FIR No.296/2023, registered at P.S. Sukhan for offence under Section 23(1)(a) of the Sindh Arms
Act, 2013, after dismissal of his bail plea by learned Additional Sessions
Judge-II, Malir Karachi vide order dated 08.01.2026.
This
is case of recovery of crime weapon from the possession of the present
applicant on 05.07.2023, he was admitted to post arrest bail vide order dated
13.07.2023; after furnishing surety he never appeared in Court on any date of
hearing and when trial Court declared him proclaimed offender and his CNIC was
blocked, he approached this Court by way of filing protective bail, he was
admitted to protective bail with direction to surrender before trial Court;
thereafter, he approached learned concerned Court wherein his pre-arrest bail
was declined by learned Additional Sessions Judge-II, Malir
Karachi vide order dated 08.01.2026, hence this application.
Learned
counsel for applicant mainly contended that the applicant was unaware about the
pendency of the case after his release on bail. Plea taken by learned counsel
for the applicant is not admissible for the reason that he was released on bail
and furnished the required surety and executed P.R. Bond, thereafter, he never
appeared before the trial Court and remained absconder for about more than two
years; he approached the Court when he was declared proclaimed offender and his
CNIC was blocked. Intentional abscondence loses some
normal rights, which has not been justified by the applicant. In pre-arrest
bail applicant/accused has to establish his case for false implication on the
part of the prosecution, as observed by the Supreme Court of Pakistan in the
cases 2020 SCMR 249 (Gulshan Ali Solangi
versus the State) and 2021 SCMR 1305 (Zarai Taraqiati Bank Limited versus Sarfaraz
Khan Jadoon). In the present case he was arrested at
the spot along with the crime weapon. He was admitted to bail but he
intentionally jumped the bail and never appeared on a single date of hearing
before concerned Court. In legal
proceedings, a fugitive from law (or absconder) who evades justice generally
forfeits rights to discretionary relief, such as bail, even if the case has
merit, as held by the Supreme Court of Pakistan in the cases Noor Bux versus the State (2020
SCMR 1205) and Awar Gul
vs. Zawar Khan (PLD 1985 SC 402) that unexplained abscondence disentitles a
person from bail. Therefore,
interim pre-arrest bail granted to the applicant by this Court vide order dated
14.01.2026 is recalled and instant criminal bail application is dismissed.
The observations made
herein above are tentative in nature, the same would
not prejudice the case of either party at trial.
The instant
criminal bail application is accordingly disposed
of.
J U D G E
Gulsher/PS