IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.2723 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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24.02.2026
Ms. Farah Khan, advocate for
applicants
Mr. Sharafuddin Kanhar, A.P.G. &
Ms. Rukhsana Qassim Mirjat, ADPP
IO/ASI Attaullah Abro of PS Mauripur
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Applicants
Asghar Ali Baloch son of Abdul Rehman, Muhammad Rafique alias Akbar son of Abdul
Rehman and Khalid son of Asghar Ali Baloch seek pre-arrest bail in FIR No.288/2025,
registered at P.S. Maripur, Karachi for offence under sections 324, 34, PPC, after
dismissal of their bail plea by learned Additional Sessions Judge-VII, West Karachi
vide order dated 07.10.2025.
Brief
facts of the prosecution case are that on 28.08.2025, applicants came at the
scene of offence and beaten the complainant on his face and other parts of the
body. It has been specifically mentioned that applicant Asghar attacked on
complainant with knife and he sustained wounds on his shoulder, face, head and
hand, hence the subject FIR.
Learned
counsel for applicants mainly contended that ocular version is not corroborated
by medical evidence, which is belied by medical evidence as no such injury has
been sustained by the complainant, therefore, Investigating Officer deleted
Section 324, PPC and IO recommended the case in cancel “C” class but the learned Magistrate
has taken cognizance of offence; that co-accused Khalid is aged about 18 years; that the case of the
applicants/accused requires further inquiry in terms of Section 497(2), Cr.PC.
Mr.
Inayat Ali Soomro, advocate, files Vakalatnama on behalf of complainant, which
is taken on record.
Learned
A.P.G., assisted by learned counsel for complainant opposed for grant of bail
on the ground that alleged offence is heinous one and case of the
applicants/accused comes within the ambit of prohibitory clause of Section 497,
Cr.PC, hence they are not entitled for grant of pre-arrest bail.
Heard learned
counsel for applicant, learned A.P.G., learned counsel for complainant and
perused the material available on record.
In the present case, ocular version is not corroborated
by medical evidence; that IO has recommended the case for disposal in cancel
“C” Class but the learned concerned Magistrate has taken cognizance of offence.
Perusal of record reveals that no such injury as alleged in the FIR has been
sustained by the complainant, attracting the provisions of Section 324, PPC.
Sufficient material is available on record, which makes out the case of
applicants/accused for further inquiry in terms of Section 497(2), Cr.PC. It is
settled law that merits of the case can be considered in pre-arrest bail as
held by the Supreme Court of Pakistan in the case Muhammad Ijaz versus The State (2022 SCMR
1271). Therefore, interim pre-arrest bail granted to the applicants/accused
above named by this Court vide order dated 09.10.2025 is confirmed on the same
terms and conditions.
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