IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 843 of 2016

For Applicant            :           Mr. Muhammad Daud Narejo, advocate.

For State                    :           Mr. Abrar Ahmed Kichchi,  A.P.G.

Date of Order                        27.10.2016.

O R D E R

Shahnawaz Tariq, J:- Through captioned post arrest bail application, applicant Abdullah has impugned order dated 13.06.2016 passed by the Court of IV-Additional Sessions Judge, Malir, Karachi, whereby his earlier bail application was declined.

2.         Necessary facts spelt out from instant FIR are that on 06.06.2016 at 0230 hours, complainant raided house of one Fateh Muhammad alias Fatoo situated in Village Juma Goth, Karachi and apprehended accused Abdullah alongwith Tanker No. JY-9394 while he was stolen water from Government main water line, however, co-accused Fateh Mohammad succeeded to fled away from the spot, hence instant FIR.

3.         Learned counsel for applicant contended that applicant was apprehended from the house of co-accused Fateh Muhammad, who has already been granted bail by the learned trial Court vide order dated 08.08.2016; that applicant is a driver of owner of subject tanker namely Muhammad Iqbal; that neither details of such water line nor its diameter has been mentioned in FIR as well as in Challan; that alleged offence is punishable upto 10 years, however, during the period of last five months prosecution could not examine a single witness in support of the charge framed against applicant; that investigation has been completed and applicant is no required for further investigation hence his further detention will not serve any useful purpose.

4.         Mr. Abrar Ahmed Kichchi, learned A.P.G. opposed the contention raised by the learned counsel for the applicant. He contended that applicant was apprehended on the spot alongwith subject tanker, hence he is not entitled for grant of bail at this stage.

5.         I have heard the learned counsel for applicant and learned Assistant Prosecutor and gone through the material available on record which emanates that applicant was apprehended on 06.06.2016 from the house of co-accused Fateh Muhammad alias Fatoo, who has already been granted bail by the trial Court and Water Tanker JM 9394 is in the ownership of Muhammad Iqbal son of Muhammad Anwar, neither who has been arrested or included in the array of accused by the complainant. Indeed, complainant has failed to mention details and diameter of water-line in FIR.   Moreover, applicant is behind the bars since 06.06.2016 but prosecution has failed to examine a single witness to substantiate the charge against the accused when all PWs are police officials and are available at the very police station  and there is no apprehension of tampering the prosecution witnesses, if the applicant is enlarged on bail. Admittedly, investigation in this case has been completed and challan has been submitted before the  trial Court hence applicant is no more required for further investigation, therefore, his further detention will not serve any useful purpose. Since co-accused Fateh Muhammad has already been enlarged on bail, hence applicant also deserves same treatment on the rule of consistency.  

6.    Considering the above circumstances, the applicant has succeeded to make out the case for further inquiry as envisaged in Section 497(2). Consequently, the applicant is enlarged on bail on furnishing solvent surety in the sum of Rs.100,000/- (Rs. One Lacs only) and P.R bonds in the like amount to the satisfaction of learned trial Court.   

8.         The observations made above are tentative in nature and learned trial Court shall decide the case strictly on merits.

            Bail application stands disposed of in the above terms.

                                                                                          J  U D G E

Zahidbaig