IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.1231 of 2022
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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04.03.2026
Mr. Javed
Ahmed Chhatari & Ms. Saima,
advocates for applicant
Mr. Sharafuddin
Kanhar, A.P.G. & Ms. Rukhsana
Qassim Mirjat, ADPP
Mr. Amer Raza Naqvi, advocate for
complainant
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Applicants/accused
Syeda Farwa Miraj and Rubina Miraj seeks pre-arrest bail in FIR No.232/2022, registered
at P.S. Gizri for offence under Section 452, 354,
337-A(i), 34, PPC, after rejection of their bail plea by learned Additional
Sessions Judge-II, Karachi South vide order dated 14.06.2022.
2. It is
alleged in FIR that on 21.05.2022 at about 09:30 p.m. applicants entered into
the house of complainant and beaten the complainant and her daughter Komal with fists and blows , hence
the subject FIR.
3. Learned
counsel for the applicants submits that the applicants are innocent and they
have been falsely implicated in this case; that applicants and complainant are neighbours and due to some dispute alleged incident occurred,
however, they decided to resolve the issue outside the Court; that alleged
offence does not come within the ambit of prohibitory clause of Section 497, Cr.PC, hence their case requires further inquiry in terms
of Section 497(2), Cr.PC.
4. Learned
A.P.G., assisted by learned counsel for complainant, has recorded no objection,
without prejudice to the case of either party at trial.
5. Heard
learned counsel for applicants, learned A.P.G. learned counsel for complainant
and perused the material available on record.
6. Admittedly,
alleged offence does not come within the ambit of prohibitory clause of Section
497, Cr.PC, and rule in such cases is grant of bail and its
refusal is an exception as held by the apex Court in the case of Muhammad Tanveer versus State
(PLD 2017 SC 733). Counsel
for complainant has recorded no objection for grant of pre-arrest bail. Sufficient
grounds are available on record, which make out the case of applicants for
further inquiry, therefore, interim pre-arrest bail granted to the
applicants/accused above named by this Court vide order dated 15.06.2022 is
confirmed on the same terms and conditions.
7. Needless
to mention here that observations made hereinabove are tentative in nature, the
same would not prejudice the case of either party at trial.
8. Instant
criminal bail application is disposed of in the above terms.
J
U D G E
Gulsher/PS