ORDER SHEET
THE
HIGH COURT OF SINDH AT KARACHI
Criminal
Bail Application No. 125 of 2021
DATE ORDER WITH SIGNATURE OF
JUDGE
Before:
Mr. Justice
Mohammad Karim Khan Agha
Mr. Justice
Irshad Ali Shah
1.
For
orders on M.A.No. 774/2021
08.09.2021
Mr. Ashfque Ahmed advocate
for the appellant
Mr. Waqar Alam Abbasi
advocate for complainant
Mr. Muhammad Iqbal Awan
Addl. P.G.
-.-.-.-.-.-.
IRSHAD
ALI SHAH, J- It is alleged that the applicant demanded Bhatta from complainant Ibrahim Khan and others for running their
electronic shop within area under his control, for that the present case was
registered.
2. The applicant on having been refused
post arrest bail by learned Judge, ATC No.XV, Karachi has sought for the same
from this Court by way of instant Bail Application u/s 497 Cr.P.C.
3. It is contended by learned counsel for
the applicant that the applicant being innocent has been involved in this case
falsely by the complainant party on account of business rivalry; that the FIR
has been lodged with delay of about one day and co-accused Muhammad Nasir alias
Tony and two others have already admitted to bail by learned trial Court,
therefore, the applicant is entitled to his release on bail on point of
consistency and further inquiry.
4. Learned Addl. P.G for the state and
learned counsel for the complainant have opposed to release of applicant on
bail by contending that he is having criminal record.
5. In rebuttal to above, it is contended
by learned counsel for the applicant that the applicant has been acquitted in
all the cases, which were pending against him.
6. We have considered the above arguments
and perused the record.
7. FIR of the incident has been lodged
with delay of about one day, such delay having not been explained plausibly
could not be overlooked. As per FIR no Bhatta
was paid. The 161 Cr.P.C statements of the witnesses have been recorded with
further delay of 15 days even to FIR, such delay could not be ignored.
Co-accused Muhammad Nasir alias Tony and two others have already been granted bail
by learned trial Court. In these circumstances, a case for release of applicant
on bail on point of further inquiry is made out.
8. Needless to state that the observations
made above may not influence the case of either of the party at trial for the
reason that it is based on tentative assessment of material collected during
course of investigation.
9. Above are the reasons of short order of
even date whereby the applicant was admitted to bail, which reads as under:
“For
the reasons to be recorded later the applicant Malik Moeen Awan son of Muneer
Awan is granted post arrest bail subject to furnishing solvent surety in the
sum of Rs.500,000/- (Rupees Five Lacs) and P.R bonds in the like amount to the
satisfaction of the Nazir of the learned trial Court. Applicant shall appear
before the trial Court on each and very date of hearing and if he is called
absent the prosecution may move to recall his post arrest bail.”
JUDGE
JUDGE