ORDER SHEET
IN
THE HIGH COURT OF SINDH, KARACHI
Cr. B. A. No.668 of
2022
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DATE ORDER WITH SIGNATURE
OF JUDGE(s)
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Before:
Mr.
Justice Irshad Ali Shah
04.07.2022
Mr. Kausar Ali Shar, advocate for applicant
Abdul Ghaffar
Ms. Rubina Qadir, Dy. Prosecutor General
Sindh
None for the complainant
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It is alleged that the applicant
robbed complainant Shoaib of his vallet containing Rs.1200/- for that he was
booked and reported upon. On having been refused bail by learned Additional
Sessions Judge XI Karachi South, the applicant has sought for the same from
this Court by way instant application under Section 497, Cr.PC.
It is contended by learned counsel
for the applicant that the applicant being labourer has been involved in this
case falsely by the complainant on account of his professional dispute with
him; the recovery has been foisted upon him and he is in custody since five
months without effective progress in trial of his case, therefore, he is
entitled to be released on bail on point of further inquiry.
None has come forward to advance
arguments on behalf of the complainant. However, learned Deputy P.G. for the
State has opposed to release of the applicant on bail by contending that the
applicant was apprehended promptly and from him has been secured the robbed property
and incriminating pistol.
Heard argument. Perused record.
The apprehension of the applicant
with the robbed property and crime
weapon, soon after the incident by a police officer is appearing to be
significant. The applicant has not been put to identification parade through
the complainant before the Magistrate.
The robbed property and crime weapon, if any, is alleged to have been foisted
upon the applicant. The case has finally been challaned. There is no
apprehension of tampering with the evidence on the part of the applicant. In
these circumstance, a case for release of the applicant on bail on the point of
further inquiry obviously is made out.
In view of above, the applicant is
admitted to bail, subject to his furnishing surety in sum of Rs.50,000/- and
P.R. bond in the like amount to the satisfaction of learned trial Court.
The instant bail application is
disposed of accordingly.
J
U D G E