IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.827 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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16.02.2026
Mr. Rashid Mehmood Abbasi, advocate
for applicant
Mr. Sharafuddin Kanhar, A.P.G.
PI Muhammad Rashid and IO/SIP Abdul
Khaliq of PS Aziz Bhatti
Complainant present in person
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Applicant/accused
Ali Akbar Khaskheli seeks interim pre-arrest bail in FIR No.104/2025,
registered at P.S. Aziz Bhatti, Karachi for offence under section 302, 34, PPC,
after dismissal of his bail plea by learned Additional Sessions Judge-XIV East,
Karachi.
It
is alleged in the FIR that complainant was informed by his relative Ali Akbar
that complainant’s daughter Zaheera, aged about 17 years, has become injured
and was shifted to Trauma Centre, Civil Hospital, Karachi in unconscious
condition, where she was admitted in I.C.U. on 19.10.2022. On 25.10.2024, his
daughter expired, dead body was brought to native place where she was buried.
Nek Mards of community have decided the issue but the accused party violated
the decision, hence the subject FIR upon order of the Court.
Learned
counsel for applicant submits that there is delay of three years in lodgment of
FIR without plausible explanation; that complainant has only alleged that five
accused are involved in murder of his daughter Zaheera, aged about 17 years,
but neither any source of identification has been disclosed nor he assigned any
role to accused; that during investigation, IO failed to dig out the
involvement of any accused with specific role; that alleged incident is an
unseen offence and there is no eyewitness of the alleged incident, hence the case
of applicant requires further inquiry in terms of Section 497(2), Cr.PC.
Learned
A.P.G., assisted by complainant in person, contended that applicant is
nominated in FIR and ocular version is corroborated by medical evidence.
However, he admits that alleged incident is unseen and that there is delay of
three years in lodging the FIR.
Heard the
learned counsel for applicant, learned A.P.G., complainant and perused the material
available on record.
Admittedly,
there is delay of three years in lodgment of FIR without any plausible
explanation; that the alleged offence is unseen and complainant has only stated
in FIR that 5 accused, including applicant, are involved in the murder of his
daughter Zaheera, aged about 17 years but neither he disclosed any source of
information nor produced any eyewitness of alleged incident before the IO. From
tentative assessment of the material available on record, it appears that the
case of applicant 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 applicant above named by
this Court vide order dated 25.03.2025 is confirmed on the same terms and
conditions. Applicant/accused is directed to join the 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