IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.100 of 2026
[ Maqbool Ahmed
& Others vs The State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
orders on office objection as at “A”
For
hearing of bail application
-----------------------------------------------------
10.02.2026
Mr.
Rashid Mehmood, advocate for applicants
Mr.
Sharafuddin Kanhar, A.P.G. & Ms. Rukhsana Qassim Mirjat, ADPP
PI
Habibullah and ASI Muhammad Qadeer of PS Steel Town
-------------------------------------------
Applicants/accused
Maqbool Ahmed, Muhammad Daniyal Zulfiqar and Zulfiqar Ali seeks pre-arrest bail
in FIR No.1308/2025, registered at P.S. Site Superhighway, for offence under
Sections 506-B, 504, PPC.
It is
alleged in the FIR that applicants/accused have threatened to complainant, who
is a law student, of dire consequences, hence the subject FIR.
Learned
counsel for applicants submits that applicants are innocent and have been
falsely implicated in this case due to dispute between complainant’s friend
Mustafa and others; that complainant is a law student and has managed this
false FIR against the applicants; that they have directly approached this case by
way of instant criminal bail application on the ground that they are facing
threats of humiliation and disgrace at the hands of complainant, who is a law
student and has very close relations with the lawyers; there is no medical
evidence and ocular version for issuance of threats of dire consequences requires
further inquiry.
Notice
issued to the complainant is returned served but he is called absent, without
any intimation.
On the
other hand, learned A.P.G. opposed for grant of bail on the ground that
applicants are nominated in the FIR and they have issued threats of dire
consequences to the complainant.
Heard learned
counsel for applicants, learned APG and have gone through the material
available on record.
This
is case of issuance of threats to the complainant party of dire consequences.
In my humble view, issuance of threats of dire consequences requires further
inquiry in terms of Section 497(2), Cr.PC. This Court has concurrent
jurisdiction to entertain pre-arrest bail directly in exceptional
circumstances. In the present case, complainant is a law student and has very
close relations with the legal fraternity and the applicants are facing threat
of humiliation and disgrace at the hands of complainant party upon their
approaching the concerned Court for pre-arrest bail. 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 13.01.2026 is confirmed on the same terms and conditions. Applicants/accused
are directed to join the investigation/trial forthwith.
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