ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Bail Appl. No.501 of 2009

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For hearing.

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Dated: 19th May 2009

Mr. Naseer Ahmed Khan, Advocate for Applicant.

Mr. Sardaruddin Qureshi, State Counsel.

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      The applicant, who has filed this bail application, is facing trial before the Court of learned VIII-Civil Judge & Judicial Magistrate, Karachi Central in Crime No.369/2008 for offence punishable under sections 420, 506-B/34 PPC of Police Station Gulbahar, Karachi.

      The bail plea of the applicant has been declined by both the Courts below, therefore, he has filed bail application before this Court.

      The main contention of the learned counsel for applicant is that offence under section 420, PPC is bailable, while offence under section 506-B, PPC though is not bailable but is punishable with seven years, hence does not come within the prohibitory clause of section 497(1), Cr.P.C. He next argued that from the averments made in FIR, prima facie offence under section 506-B, PPC does not stand made out as threats of murder are not alleged in FIR or in 161, Cr.P.C. statements of P.Ws. and nor the date and time of threats is given by them. He further argued that there is unexplained delay of 40 days in lodging the FIR, therefore, he contended that the case against applicant requires further inquiry. He relied upon 2005 P.CR.L.J. 2004    .

      Learned State Counsel has conceded to the grant of the bail application.

I agree with the submissions of the learned counsel for applicant, therefore, I allow this application and grant bail to the applicant subject to furnishing solvent surety in the sum of Rs.100,000/- with P.R. bond in the like amount to the satisfaction of the trial Court.

      The bail application stands disposed of in the above terms.

JUDGE