IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.3348 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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24.02.2026
Mr. Abdul Sattar
Sarki, advocate for applicant
Mr. Sharafuddin
Kanhar, A.P.G. & Ms. Rukhsana
Qassim Mirjat, ADPP
Complainant present
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Applicant
Habibullah son of Muhammad Ishaque
seeks post arrest bail in FIR No.688/2025, registered at P.S. Sachal, Malir Karachi for offence
under sections 377, 511, PPC, after dismissal of his post arrest bail plea by
learned Additional Sessions Judge-V, Malir Karachi
vide order dated 05.08.2025.
During
pendency of instant bail application, complainant Ismail appeared and filed
affidavit of no objection for grant of bail on the basis that police has
wrongly arrested the applicant in this case, he is not real culprit and the
real culprits are absconders.
Learned
counsel for applicant submits that in view of affidavit submitted by
complainant, case of applicant requires further inquiry in terms of Section
497(2), Cr.PC.
On the
other hand learned A.P.G. opposed for grant of bail on the ground that alleged
offence is heinous one and the applicant has been nominated in the FIR,
therefore, he is not entitled for grant of post arrest bail.
Heard
learned counsel for applicant, learned A.P.G., complainant in person and
perused the material available on record.
Complainant has appeared in Court and has filed
affidavit of no objection, by exonerating the applicant from the commission
offence. He further stated that actual culprits are absconding and the
applicant is innocent. The case of prosecution is based on the private
witnesses, who are not willing to support its case. In view of the affidavit
submitted by the complainant, case of the applicant/accused requires further
inquiry in terms of Section 497(2), Cr.PC. Therefore, applicant above
named is admitted to post arrest bail, subject to furnishing solvent surety in
the sum of Rs.100,000/- and P.R. Bond in the like
amount to the satisfaction of the trial Court.
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