ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. B. A. No. 970 of 2022

(Wazeer Ali vs. The State)

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DATE ORDER WITH SIGNATURE OF JUDGE(s)

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For hearing of bail application

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19.07.2022

Mr. Anwar H. Solangi, advocate for the applicant

Mr. Faheem Hussain Panhawar, D.P.G for the State

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Irshad Ali Shah J.—It is alleged that applicant with rest of the culprits robbed complainant Zeeshan Khan of Rs.3000/- and other belongings for that the present case was registered.

The applicant on having been refused bail by learned V-Additional Sessions Judge, Karachi Central has sought for the same from this court by way of instant application u/s 497 Cr.P.C.

It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police on the basis of statement of co-accused and he is juvenile offender, therefore, 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 DPG for the State has opposed to release of the applicant on bail by contending that the offence which the applicant has committed is affecting the society at large.

Heard arguments and perused the record.

Admittedly the applicant has been involved in the commission of incident on the basis of statement of co-accused Muhammad Hassan, such statement is inadmissible in evidence; there is no recovery of any robbed article from the applicant and he has not been subjected to identification parade through Magistrate and is said to be a young boy of 15 years of age; the case has finally been challaned and there is no apprehension of tampering with evidence on the part of applicant. In these circumstances, a case for release of applicant on bail on 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/- (Rupees Fifty Thousand Only) 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