IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application
No.49 of 2026
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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27.02.2026
Mr. Gulsher Mangnejo, advocate for
applicant
Mr. Sharafuddin Kanhar, A.P.G. &
Ms. Rukhsana Qassim Mirjat, ADPP
IO/PI Ghous Bux and PI Noor Ahmed of
PS Bin Qasim
Mr. Abdul Jalil, advocate files
power on behalf of complainant
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Applicant
Dost Muhammad Sehto son of Muhammad Ismail seeks post arrest bail in FIR
No.393/2025, registered at P.S. Bin Qasim for offence under section 396, 397,
398, 34 PPC, after rejection of his bail plea by learned Additional Sessions
Judge-VIII, Malir, Karachi vide order dated 26.12.2025.
Brief
facts of the prosecution case are that on 20.09.2025 in night hours some
accused persons, armed with weapons, trespassed into the house of the complainant,
confined inmates of the house in one room, committed dacoity and taken away
gold, cash amount, mobile phones, battery, CCTV and DVR system, internet
devices and tortured all the inmates of the house and father of complainant,
leading to his death. They demanded original file of complainant’s house and
Plot No.A-91, Falaknaz and taken away some documents from the file. While leaving,
they disclosed that everything happened is at the instance of Haji and Molvi,
hence the subject FIR.
Learned
counsel for applicant submits that applicant is innocent and he has been falsely
implicated in this case by the police due to mala fide intentions and ulterior
motives; that there is delay of two days in lodging the FIR, without plausible
explanation; that applicant is not nominated in the FIR; that co-accused
Ibadullah, Shoaib and Ishq Ali were admitted to post-arrest/pre-arrest bail by
learned trial Court; that there is identification parade against the applicant
after a delay of 10 days of his arrest, which makes out the case of applicant
for further inquiry.
Mr.
Abdul Jalil, advocate, files Vakalatnama on behalf of the complainant. Learned
A.P.G., assisted by learned counsel for complainant, opposed for grant of bail
on the ground that the alleged offence is heinous one in which one innocent
person Rao Muhammad Javed, father of the complainant, has lost his life at the
hands of applicant/accused; that the complainant party has identified the
applicant/accused during the process of identification parade; that there is
CRO of the applicant and he is involved in 6 other criminal cases of like
nature, hence he is not entitled for grant of post arrest bail.
Heard learned counsel for applicant, learned A.P.G.,
learned counsel for complainant and perused the material available on record.
No doubt, applicant is not nominated in the FIR and the
FIR has been lodged by complainant against unknown persons, however, during
investigation applicant was arrested and identified by the complainant through
identification parade. In the present case, father of the complainant lost his
life due to torture committed by accused party. They robbed 25/30 tola gold
ornaments, cash, mobile phones and other valuable articles. The alleged offence
carries capital punishment and comes within the ambit of prohibitory clause of
Section 497, Cr.PC. Learned counsel mainly contended that co-accused Ibadullah,
Shoaib and Ishq Ali were admitted to post-arrest/pre-arrest bail by learned
trial Court. At this stage, counsel for complainant submits that complainant
intends to file application for cancellation of bail of co-accused Ibadullah,
Shoaib and Ishq Ali. He may do so, if he is so advised. Therefore, I refrain
myself to give any findings, which may prejudice the case of either party. The
alleged offence is heinous one and carries capital punishment. No case for
grant of post arrest bail is made out. Therefore, instant criminal bail
application is dismissed.
The above observations 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