ORDER SHEET
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Date Order
with signature of Judge
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DATE OF HEARING 16.07.2015
Mr.
Pir Mazharul Haq, Advocate for the Applicant.
Complainant
present in person.
Mr.
Muntazir Mehdi APG.
Syed Hasan Azhar Rizvi J; Applicant/accused has approached to this court after
rejection of his Bail Application by the 1Vth Additional Sessions Judge,
Karachi-East in Bail Application in Session Case No.680/2015 on 25.04.2015.
Learned
Counsel for the Applicant contended that the Applicant is innocent and there
are no reasonable grounds to believe that the Applicant/accused is guilty of
the offence with which he is charged. Learned Counsel further contended that
the FIR was lodged with inordinate delay of about 16 days and no plausible
explanation has been given for the same. Learned Counsel for the Applicant
urged that initially the Applicant remained on bail which was granted by the
learned IX Judicial Magistrate East Karachi on 17.02.2015 and he never misused
the concession of bail. Thereafter Section 338C PPC (ISQAT-E-JANEEN) was
inserted which was triable by the Court of Sessions therefore, his bail was
cancelled and he was taken into custody, therefore, he is also entitled for
grant of bail on this ground. Learned Counsel submitted that there is no
likelihood to abscond as the Applicant is permanently residing at Karachi and
is also a government servant. Learned Counsel further contended that present
offence does not fall within the prohibitory clause of section 497 Cr.P.C.
therefore, he prayed that the Applicant may be released on bail at this stage.
Learned APG vehemently
opposed the grant of bail to the Applicant and contended that the sufficient
material is available on record to connect the Applicant in the present crime.
I have heard
Mr. Pir Mazharul Haq Advocate for the Applicant, Mr. Muntazir Mehdi APG for State
and perused the material available on record with their assistance.
Admittedly the
FIR was lodged after the delay of 16 days but no plausible and cogent explanation
of such delay is explained. It is also an admitted position that no report of act
of applicant/accused and his advancing of threats was given by the complainant
or his family was lodged to any Law Enforcing Agency. According to contents of
the FIR the Complainant herself returned to the house of her husband and no
talk was took place between the elders for resolving the matter and why she
entered into the house of her husband alone after leaving her parents outside
when her mother-in-law did not permit her parents to enter into the house, such
story does not appeal to the mind of a prudent man. Affidavits on Oath of Adnan
Ali (Complainant’s husband), Mst. Bushara (mother-in-law of the complainant)
and Mrs. Farha Shahbaz (Applicant’s wife) were produced through an statement
dated 08.06.2015 and according to the contends of said Affidavits the
Complainant was demanding separate residence and her husband was not in a
position to provide the same as his financial condition is/was not sound enough
whereupon quarrel took place and allegedly false FIR was lodged.
In view of the
above facts and circumstances, I am of the humble opinion that the case of the
Applicant/accused is of further inquiry and I do not find any reasons to keep
the Applicant/accused behind bars.
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