IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.3198 of 2025
Criminal Bail
Application No.3209 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
1.
For orders on M.A. No.18527/2025
2.
For orders on M.A. No.18528/2025
3. For
hearing of bail application
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26.02.2026
Mr.
Hasnain Ali Chohan & Ms. Samreen Ali Zaidi, advocate for applicant in B.A. No.3209/2025
Mr.
Sharafuddin Kanhar, A.P.G. & Ms. Rukhsana Qassim Mirjat, ADPP
Mr.
Muhammad Irfan Ali, advocate for complainant
SIO
PI Mir Muhammad Lashari, PS Saeedabad presently at PS Boat Basin
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Applicants
Syed Abrar ul Hassan and Syed Zahoor ul Hassan Shah (in Cr. Bail Application No.3198/2025) and Hassan Naeem and Noman
Naeem both sons of Muhammad Naeem (in Cr.
B.A. 3209/2025) seek pre-arrest bail in FIR No.499/2025, registered at P.S.
Saeedabad for offence under Sections 397, 420, 34, PPC, after rejection of
their bail plea by learned Additional Sessions Judge-XII, Karachi West vide
order dated 18.11.2025.
Brief
facts of the prosecution case are that complainant approached applicant Syed
Abrar for purchase of Suzuki Alto, Model 2020, bearing Registration No.BSA-231
and reached at the given location at Saeedabad, Haroon Bahria Society where
Abrar and 3 other persons were available. Car deal was finalized at Rs.2
Million, after checking the car complainant paid Rs.10,60,000/- in cash and
balance Rs.940,000/- was transferred to Abrar’s Account No.PK25ABPA0010145799960018.
Thereafter, Abrar took out pistol, snatched original registration book and key
of said vehicle from complainant, hence the subject FIR.
Learned
counsel for applicants in Criminal Bail Application No.3209/2025 submits that
applicants are innocent and they have been falsely implicated in this case;
that applicant Noman is owner of vehicle and there is no criminal record of
applicants Noman Naeem and Hassan Naeem and, in fact, they both are victims of
co-accused Syed Abrar ul Hassan Shah and Syed Zahoor ul Hassan Shah, who placed
advertisement on OLX for sale of aforesaid vehicle without their consent and
otherwise they have nothing to do with co-accused Abrar ul Hassan Shah and
Zahoor ul Hassan Shah; that case of applicants Noman Naeem and Hassan Naeem
requires further inquiry in terms of Sections 497(2), Cr.PC.
Mr.
Muhammad Adeem Memon, advocate, was holding brief for Mr. Zakir Husain Bughio,
counsel for applicants in Cr. B.A. No.3198/2025, but during arguments, he left
the Court premises without any intimation. Applicant Syed Zahoor ul Hassan is
present on interim pre-arrest bail but his son co-accused Syed Abrar ul Hassan
is called absent. He submits that he is innocent and he has been falsely
implicated in this case due to mala fide intention and ulterior motives.
On the
other hand, learned A.P.G., assisted by learned counsel for complainant,
opposed for grant of bail on the ground that there is a criminal history of
applicants/accused as 10 case have been registered against Syed Zahoor ul
Hassan and 5 cases have been registered against applicant/accused Syed Abrar ul
Hassan; that complainant of this case has paid Rs.2 Million to
applicant/accused Syed Abrar ul Hassan (Cash
Amount Rs.10,60,000/- and Rs.940,000/- by way of online transfer to his
account). Learned counsel for complainant submits that they have misused
the concession of bail and during pendency of instant bail application, they
have committed another offence and such FIR bearing No.789/2025 was registered
against them at P.S. Preedy, Karachi for offence under Section 489-F, PPC.
Heard
learned counsel for the applicants/accused, learned A.P.G., learned counsel for
complainant and perused the material available on record.
It
appears that there is a gang, comprising of Syed Abrar ul Hassan Shah and Syed
Zahoor ul Hassan Shah, who used to cheat the innocent people through online and
usurped their cash and valuables by cheating and committing robbery.
Applicant/accused Syed Zahoor ul Hassan is involved in 10 cases and Syed Abrar
ul Hassan, who is son of Syed Zahoor ul Hassan Shah is involved in 5 cases of
like nature. During pendency of instant criminal bail application another FIR
bearing No.789/2025 was registered against them at P.S. Preedy, Karachi for
offence under Section 489-F, PPC and they misused the concession of bail. IO
present in Court submits that after getting interim pre-arrest bail in the
instant criminal bail application applicants/accused Syed Abrar ul Hassan Shah
and Syed Zahoor ul Hassan Shah have never joined the investigation. This aspect
is sufficient to recall their interim pre-arrest bail. However, in my humble
view, so far as the case of applicants/accused Hassan Naeem and Noman Naeem,
who are owner of the vehicle, is concerned, the complainant has never paid
amount to them and there is no criminal record of the applicant, they have
joined the investigation and their case requires further enquiry, therefore
their case is distinguishable from the case of applicants Syed Abrar ul Hassan
Shah and Syed Zahoor ul Hassan Shah, therefore, interim pre-arrest bail granted
to them by this Court vide order dated 20.11.2025 is hereby confirmed on the
same terms and conditions.
At this
stage, learned A.P.G. submits that applicants/accused Syed Abrar ul Hassan Shah
and Syed Zahoor ul Hassan Shah have never joined the investigation after
getting interim pre-arrest bail and the IO needs their custody of both the said
accused in order to finalize the investigations and requests that the custody
of Syed Zahoor ul Hassan Shah may be handed over to the IO. Order accordingly.
In
view of the above, Criminal Bail Application No.3198/2025 of applicants/accused
Syed Abrar ul Hassan Shah and Syed Zahoor ul Hassan Shah, devoid of merits, is
hereby dismissed and interim pre-arrest bail granted to them by this Court vide
order dated 19.11.2025 is hereby recalled.
The
observations made herein above are tentative in nature, the same would not prejudice
the case of either party at trial.
Both
the captioned criminal bail applications are accordingly disposed of.
J U D G E
Gusher/PS