ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Bail Application No. 1248 of 2022

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DATE ORDER WITH SIGNATURE OF JUDGE(s)

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For hearing of bail application

06.07.2022

Mr. Khalid Hussain Shar, advocate for applicant Kausar Ahmed Ms. Rubina Qadir, Dy. Prosecutor General Sindh

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Irshad Ali Shah, J. -- It is alleged that the applicant with rest of the culprits robbed complainant Muhammad Farooq and PW Mohsin of their cell phones and other belongings, for that the present case was registered.

On having been refused bail by learned IV Additional Sessions Judge Malir, Karachi 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 innocent has been involved in this case falsely by the police; the FIR of the incident has been lodged with delay of about one day, it is against unknown culprits; the applicant is in custody since one year and more so the complainant has not implicated the applicant in the commission of offence during course of his examination before learned trial court, 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 on arrest from him has been secured one of the robbed cell phone.

Heard argument. Perused record.

Name and description of the applicant are not disclosed in FIR and he has been involved in commission of incident on the basis of recovery of one of the robbed cell phone, which has not been subjected to identification through the complainant or PW Mohsin during course of investigation. The complainant during course of his examination has not implicated the applicant in commission of the incident by stating that he was not present at the place of incident. The applicant is said to be in custody for about one year. In these circumstances, 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