IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.3543 of 2025
[
Muhammad Shariq & Muhammad Tariq vs The State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
-----------------------------------------------------
10.02.2026
Mr.
Sharafuddin Kanhar, A.P.G.
& Ms. Rukhsana Qassim Mirjat, ADPP
-------------------------------------------
Applicants/accused
Muhammad Shariq and Muhammad Tariq both sons of Muhamamd Shahid seeks pre-arrest
bail in FIR No.581/2025, registered at P.S. Tipu
Sultan, for offence under Sections 147, 148, 149, 186, 324, 337-a(I), 353,
506-b, PPC, after rejection of their bail plea by learned Additional Sessions
Judge-II, Karachi South vide order dated 13.12.2025.
Brief
facts of the prosecution as stated in the impugned order are that complainant
lodged FIR whereby he stated that on 03.12.2025, he along with his official
team comprising of Assistant Director Irfan Soomro, Imran Qureshi and Fayaz, after informing concerned police station, reached at
Plot No.190-B, Block-3, Karachi Administration Society, for demolition of
illegal construction in compliance of orders of higher authorities. Upon
arrival around lunchtime, they noticed that some persons are working inside and
outside the building. Despite being stopped and warned and SBCA notice already
prohibiting any illegal construction and directing stoppage of work, persons
present delayed compliance and called other individuals, resulting in gathering
of a mob consisting of 25-30 unknown persons, some of whom were armed with
sticks and weapons. The said persons, on instigation of Pervez, Muhammad Shariq and Tariq, suddenly attacked the complainant party
with intention to kill, fired gunshots, pelted stones and damaged official
vehicles, thereby obstructing government officials in discharge of their lawful
duty. During the incident, 4-5 armed persons assaulted A.D. Fayaz,
Moharrir D/C Ayaz Ahmed and
a private laborer Ahad with the butts of weapons, causing
injuries. The injured were shifted to a private hospital for medical treatment.
Thereafter, the complainant, after consultation with seniors, approached the
police and lodged the aforesaid FIR.
Applicants/accused
are present and submits that they are innocent and have been falsely implicated
in this case; that Sections 324 and 353, PPC have been misapplied in FIR and
they have nothing to do with the alleged offence; that IO has recommended for disposal
of case in “A” class on the ground that the complainant of this case is not
cooperating with him; that there is no medical evidence, hence their case
requires further inquiry in terms of Section 497(2), Cr.PC.
On the
other hand, learned A.P.G. opposed for grant of bail, however, he admits that
the IO has recommended the case for disposal in “A” class and that there is no
medical evidence on record.
Heard the
applicants learned APG and have gone through the material available on record.
It
is alleged in the FIR that applicants and co-accused have assaulted on
officials when they were on official duty in order to remove the encroachment
from the area and they sustained injuries at the hands of accused persons.
During investigation, IO has recommended the case for disposal in “A” class on
the ground that the complainant of this case is not cooperating with him.
Moreover, there is no medical evidence to substantiate the ocular evidence of
FIR. From tentative assessment of the material available on record, it appears
that the case of the applicants calls for further inquiry in terms of Section
497(2), Cr.PC; that in case of pre-arrest bail,
merits cannot be considered 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); Therefore, interim
pre-arrest bail granted to applicants above named by this Court vide order
dated 22.12.2025 is confirmed on the same terms and conditions.
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