ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.3471 of 2025

[ Muhammad Deen son of Mola Deen versus The State ]

DATE                 ORDER WITH SIGNATURE OF JUDGE(S)

 

For hearing of bail application

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09.03.2026

Mr. Ziaul Haq, advocate for applicant

Mr. Sharafuddin Kanhar, A.P.G. & Ms. Rukhsana Qassim Mirjat, ADPP

SIP/IO Darya Khan of PS Sachal

Complainant Rahman Gul and his son/injured Junaid present

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Shamsuddin Abbasi, J.-- Applicant/accused Muhammad Deen son of Mola Deen seeks post arrest bail in FIR No.988/2023, registered at P.S. Sachal, Karachi for offence under Sections 302, 324, 34, PPC, after dismissal of his bail plea by learned Additional Sessions Judge-III, Malir Karachi vide order dated 20.11.2025.

 

2.         Brief facts of the prosecution case are that applicant along with co-accused persons committed murder of deceased and injured another person with firearms. The investigation proceeded and the applicant was arrested on 05.03.2024 in another case for offence under section 23(1)(a), Sindh Arms Act, 2013. Subsequently, challan has been submitted and the matter is now pending trial.

 

3.         Learned counsel for applicant submits that applicant is innocent and he has been falsely implicated in this case; that applicant is not nominated in the FIR; that star witness Junaid, son of complainant, did not implicate him in his statement recorded by the IO under section 161, Cr.PC; that applicant was not willful absconder and was arrested after six months of the alleged incident; that crime weapon has been foisted upon the applicant in order to strengthen the main case; that extra-judicial confession before the police is inadmissible; that learned trial Court dismissed his bail application on the ground that he is Afghani national; that sufficient grounds are available on record, which requires further inquiry in terms of Section 497(2), Cr.PC.

 

4.         On the other hand, complainant relied upon learned A.P.G. and learned A.P.G. opposed for grant of bail on the ground that applicant is involved in a heinous offence whereby one lady had lost her life and injured PW Junaid, aged about 11/12 years, sustained firearm injury at the hands of accused party; that applicant was absconder and later on was arrested upon recovery of crime weapon from his possession; that applicant has confessed about his involvement in the alleged offence and his such statement can be considered under Article 40 of the Qanun-e-Shahadat Order, 1984, which leads to the facts of the instant case; that alleged offence carries capital punishment, therefore, he is not entitled for grant of bail.

 

5.         I have carefully heard learned Counsel for the parties and perused the material available on record.

 

6.         No doubt applicant is not nominated in the FIR and during investigation he was arrested on 06.03.2024 in a case of recovery of pistol in FIR No.413/2024, for offence under section 23(1)(a), of Sindh Arms Act, 2013 and during investigation he confessed before the police about his involvement in the present case. No doubt, admission before a police officer is inadmissible but Article 40 the Qanun-e-Shahadat Order, 1984 is the only exception to Articles 37, 38 and 39 the Qanun-e-Shahadat Order, 1984, which shows as to how much information received from accused can be proved and recovery of crime weapon leads to connect him with the alleged offence. While forming this opinion, guidance is solicited from the dictum laid down by the Hon'ble Apex Court in the case of "Mst. Askar Jan and others v. Muhammad Daud and others" (2010 SCMR 1604), wherein it has been held that:-

       "9. Having heard the learned counsel for the parties, learned Deputy Prosecutor-General and perusing the record of the case with their assistance, we find that the appellant Muhammad Daud was convicted by the High Court on the evidence of discovery of dead body and blood stained bailchas on his information. The discovery of any fact on the-information of the accused in custody of Police is admissible under Article 40 of Qanun-e-Shahadat Order, 1984 (hereinafter referred to as 'the Order'), which reads as under:-

       "40. How much of information received from accused may be proved. When any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police-officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved."

 

7.         Injured Juanid, aged about 11/12 years, present in Court submits that he has identified the applicant in Court. Alleged offence is heinous one wherein one lady had lost her life and minor boy sustained firearm injury at the hands of the applicant/accused, which carries capital punishment and comes within the ambit of prohibitory clause of Section 497, Cr.PC and the trial is in progress. No mala fide or ill will has been established against the deceased or injured boy Junaid for false implication. Therefore, no case for grant of post arrest bail to the applicant is made out. As such, applicant is not entitled for grant of post arrest bail. Resultantly, instant bail application is dismissed

 

8.         Needless to mention that observation made hereinabove are tentative in nature. Trial Court shall not be influenced while deciding the case on merits.

 

9.         The instant criminal bail application is disposed of in the above terms.


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Gulsher/PS