ORDER SHEET
-----------------------------------------------------------------
Date Order
with signature of Judge
-----------------------------------------------------------------
DATE OF HEARING 16.07.2015
Mr.
Tariq Mehmood Siddiqui, Advocate for Applicant.
Mr.
Muntazir Mehdi APG.
Syed Hasan Azhar Rizvi J; Applicant/accused has approached to this court after
rejection of his Bail Application by the District and Sessions
Judge, Karachi-East in Bail Application No.2432 of 2014 on 03.10.2014.
Learned
Counsel for the Applicant contended that the Applicant is quite innocent and has
falsely been implicated in the instant case by the complainant with malafide
intention and ulterior motive. Learned Counsel further contended that there is
delay of about 02 hours in lodging the FIR for which no explanation is given by
the prosecution. Learned Counsel for the Applicant further contended that the
prosecution has failed to produce any single private independent witness in
this case when the area where the incident took place is very thickly
populated, which is clear violation of section 103 Cr.P.C. Three FIRs bearing
No.104/2014 (present crime), 105/2014 and 106/2014 were registered against the
Applicant in connection with present incident, out of which in two FIRs No.105
and 106 of 2014 Applicant has been granted bail by the Courts having
jurisdiction. Bail orders are available at pages-43 and 45 alongwith instant
Bail Applications. Learned Counsel urged that the investigation of the instant
crime has been completed and custody of the applicant is no more required for
investigation therefore, he is entitled for grant of bail at this stage.
Learned APG vehemently
opposed the grant of bail to the Applicant and contended that the
Applicant/accused was arrested at the spot and recovery was affected from his
possession, which connects the applicant in the present crime.
I have heard
Mr. Tariq Mehmood Siddiqui Advocate for the Applicant, Mr. Muntazir Mehdi APG
and perused the material available on record with their assistance.
Admittedly the
FIR was lodged after the delay of 02 hours for which no explanation is given by
the prosecution and this was a brought day light incident taken place between
1530 to 1555 hours and the place where incident took place was a thickly
populated area but no private witness has been cited in the calendar of witness
in the charge-sheet. According to contents of FIR, from the alleged firing of
the accused persons one by-passer namely Iqbal son of
Sultan was injured and he was shifted to Jinnah Hospital but surprisingly said
person was also not cited as witness who could be a eye witness of the
incident. Out of three FIRs of the same incident, in two FIRs present Applicant
has been granted bail by the Courts having jurisdiction and only in the instant
crime the Applicant is behind the bars.
Keeping in
view the facts and circumstances of the case, I am of the humble opinion that
the case of the Applicant is of further inquiry and he is entitle for grant of
bail at this stage.
Above are the
reasons of my short order dated 16.07.2015 whereby the bail was granted to the
Applicant subject to furnishing surety in the sum of Rs.100,000/- (Rupees One
Lac only) and P.R. Bond in the like amount to the satisfaction of the Trial
Court.
The observations made in the order are of tentative
nature and the Trial Court shall not be influenced by any of such observations.
Karachi.
Dated:
______________ J
U D G E