IN THE HIGH COURT OF SINDH AT KARACHI
Criminal
Miscellaneous Application No.126 of 2026
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
1.
For orders on M.A. No.2156/2026
(U/A)
2.
For orders on office objection a/w reply as at “A”
3.
For orders on M.A. No.2157/2026 (Exp/A)
4. For
hearing of main case
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17.02.2026
Mr.
Akhtar Ali Memon, advocate
for applicant
-------------------------------------
Applicant
Zakir Hussain Pirzada, advocate, who is complainant of FIR No.135/2025,
registered at P.S. Risala, Karachi for offence under
Section 324, 34, PPC, has impugned the order dated 17.01.2026, passed by
learned Additional Sessions Judge-IV, South, Judicial Complex, Jail Road, Karachi
whereby respondents Ghulam Mustafa, Deedar Ali, Asif and Saleem were admitted on bail.
Brief
facts of the case are that applicant, who is a practicing advocate, was
available at the scene of offence when respondents/accused attempted to commit
his murder but surprisingly he remained safe. Hence the
subject FIR.
Heard
learned counsel for applicant and perused the material available on record.
This
is a case of ineffective firing and apparently there is no illegality or
irregularity in the impugned order, which has been passed by concerned Court in
accordance with law. Learned counsel for applicant is directed to satisfy the
Court about the cancellation of bail on the ground that Supreme Court of
Pakistan had settled the principles for grant of bail and its cancellation,
which are entirely different. Learned counsel for applicant submits that he was
condemned unheard by learned trial Court despite the fact that he moved
application for adjournment on 23.12.2025.
It is
settled proposition that Supreme Court of Pakistan in the cases of Rab Nawaz versus Shahzad Hassan
(2025 SCMR 1357) and Chairman, NAB versus Yar
Muhammad Solangi (2023 SCMR 1357), has settled down
the principles for cancellation of bail and the case of applicant does not come
within the ambit of such settled principles. No case of cancellation of bail granted
to the respondents/accused vide the order impugned herein is made out, therefore, instant criminal bail application is
dismissed in limine along with listed applications.
J U D G E
Gulsher/PS