IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.37 of 2026
[
Adnan Khan son of Abdul Raheem 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.
Javaid Ahmed Rajput, advocate along with applicant
Ms.
Seema Zaidi, Additional
Prosecutor General Sindh
IO/PI
Qalandar Bux of PS Mominabad
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Applicant
Adnan Khan son of Abdul Raheem seeks pre-arrest bail
in FIR No.611/2025, registered at P.S. Mominabad for
offence under Section 336, 324, PPC read with Section 302, PPC (added in final challan), after dismissal of his bail plea by learned
Additional Sessions Judge-X, Karachi West vide order dated 05.11.2025.
It is alleged
in the FIR that ASI Faiz Muhammad after obtaining
statement complainant under section 154, Cr.PC from
the room of burns ward Civil Hospital Karachi on 17.10.2025 at 2330 hours where
Mst. Shabina wife of Adnan
disclosed that she used to reside at Irani Camp, Near
Madina Masjid, Sector 11, Orangi
Town, Karachi on rental basis with family, along with first husband, namely, Nadeem and two children one boy and one girl, first husband
expired, then she met with Adnan, who offered her to solemnize marriage, however,
complainant asked him that she has two children but he ignored and solemnized Nikah. His family does not know about such marriage. On 16.10.2025
at time about 01:30 a.m. Adnan along with his family members came, he was holding
one plastic bottle in his hand which contained petrol, his family members,
there was a hot talk exchanged, in result whereof Adnan got aggressive, he
throw petrol on complainant, burnt her and ran away. On hue and cry, the area
people came, the children of the complainant also started to cry, the area
people put off the fire and shifted her to the hospital in a critical
condition, hence the subject FIR.
Learned
counsel for applicant submits that applicant is innocent and he has been
falsely implicated in this case due to family dispute; that there is no eye
witness of the alleged incident and whole prosecution case rests on the
statement of the alleged victim recorded by police on 17.10.2025, hence his
case calls for further inquiry in terms of Section 497, Cr.PC.
Learned
Additional Prosecutor General Sindh opposed for grant of bail on the ground
that applicant is nominated in FIR with specific role of causing murder of his
wife Mst. Shabina Adnan and
the alleged offence carries capital punishment, hence he is not entitled for
grant of bail.
Heard
learned counsel for the applicant, learned Additional Prosecutor General Sindh
and perused the material available on record.
Applicant
is husband of deceased Mst. Shabina
Adnan, aged about 19 years. It is alleged in the FIR that applicant set on fire
his wife by sprinkled petrol on her body, she was burnt and was shifted to
Civil Hospital and was admitted in Burns Ward in a critical condition where
police recorded her statement under section 154, Cr.PC
on 18.10.2025 and subsequently on the basis of her statement FIR was registered
against the applicant. During treatment she died on 14.11.2025 and FIR of this
case was converted into 302, PPC. Applicant is nominated in the FIR with
specific role. No mala fide has been established by the applicant to falsely
implicate by his own wife. In pre-arrest bail applicant 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).
I do not see any mala fide on the part of the deceased to falsely implicate him
in this case. No case for grant of bail is made out,
therefore, 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