ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. B. A. No.1243 of 2022

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DATE ORDER WITH SIGNATURE OF JUDGE(s)

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For hearing of bail application

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06.07.2022

Mr. Shah Imroz Khan, advocate for the applicants Shahzaib and Sajid Ali

Ms. Rubina Qadir, Deputy Prosecutor General Sindh

Mr. Mukhtiar Ali Deeshak, advocate for the complainant

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Irshad Ali Shah J.— It is alleged that the truck together with its load when was driven by the applicants was robbed by unknown culprits for that an FIR was registered. On investigation the applicants were found involved in the said incident and on their pointation the recovery of certain robbed articles was made, for that they were booked and reported upon.

The applicants on having refused bail by learned Sessions Judge Malir have sought for the same from this Court by way of instant bail application under section 497 Cr.PC.

It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the police otherwise they being driver and cleaner of the truck were having no concern with the alleged incident; complainant Mahar Ali has already recorded no objection to grant of bail to the applicants by filing his affidavit before learned trial court, therefore, they are entitled to be released on bail on the point of further inquiry.

Learned counsel for the complainant has recorded no objection to release of the applicants on bail by contending that they privately have been found to be innocent. However, learned D.P.G. for the State has opposed to release of the applicants on bail by contending that the offence alleged against them is affecting the society.

Heard argument. Perused record.

Admittedly the applicants were driver and cleaner on the truck which allegedly was robbed by the unknown culprits, they apparently have been involved in commission of the incident on the basis of recovery of certain robbed articles on their pointation, which is alleged to be foistation. Learned counsel for the complainant has recorded no objection to grant of bail to the applicant. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of the applicants. In these circumstances, a case for release of the applicants on bail on the point of further inquiry obviously is made out.

In view of above, the applicants are admitted to bail, subject to their furnishing surety in sum of Rs.100,000/- each 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