IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Revision Application No.18 of 2026
[ Intezar Ahmed Versus Abdul Rafay and Other ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of main case
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23.02.2026
Mr.
Muhammad Aslam Rind, advocate for applicant
Mr.
Tahir Hussain Mangi, A.P.G.
Mr.
Naseer Nehal Hashmi, advocate files Vakalatnama for respondent No.1
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Applicant
Intezar Ahmed, who is complainant in FIR
No.270/2024, registered at P.S. Samanabad, Karachi for offence under Section
322, PPC, has impugned the order dated 06.12.2025, passed by learned Additional
Sessions Judge-I/MCTC, Karachi Central, whereby his application for
cancellation of bail, granted to respondent No.1 by learned Additional Sessions
Judge-I, Central Karachi vide order dated 17.12.2024, was declined.
Learned
counsel for applicant mainly contended that after usual investigation, IO
inserted Section 320 and 322 PPC and deleted Section 337-G, PPC. He submits
that Section 320, PPC is bailable however, Section 322 provided punishment upto
10 years and learned trial Court has not considered this fact in the impugned
order. Learned counsel for applicant was directed to satisfy the Court about
the principles settled down by Supreme Court of Pakistan for cancellation of
bail in the cases of Rabnawaz versus the State (2025 SCMR 1375)
Saeedullah versus The State (2023 SCMR 1397), he submits that alleged
offence is punishable upto 10 years and comes within the ambit of prohibitory
clause of Section 497, Cr.PC. The language of Section 322, PPC reads as under:
“322. Punishment for qatl-bis-sabab: Whoever commit qatl bis-sabab shall be liable to diyat.”
Learned
A.P.G., assisted by Mr. Naseer Nehal Hashmi, advocate, who files Vakalatnama on
behalf of respondent No.1, has opposed for cancellation of bail to respondent
No.1 and fully supports the impugned orders. He submits that there is no
illegality or irregularity in the impugned orders, which require interference
by this Court.
Heard
learned counsel for the applicant, learned A.P.G., learned counsel for
complainant and perused the material available on record.
It is
settled by now that at bail stage minimum sentence provided in the law is to be
considered at bail stage as held by the Supreme Court of Pakistan in the cases
of Zafar
Iqbal v. Muhammad Anwar and others" (2009 SCMR 1488), Riaz Jafar Natiq v.
Muhammad Nadeem Dar and others (2011 SCMR 1708).
From perusal of record it appears that there is no illegality or irregularity
in the impugned orders, which have been passed after fair evaluation of
record/reports. No case for cancellation of bail is made out, therefore,
instant criminal Revision Application is dismissed being devoid of merits.
J
U D G E
Gulsher/PS