ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. B. A. No. 1302 of 2022

(Ali Shan @ Borra vs. The State)

----------------------------------------------------------------------------------------

DATE ORDER WITH SIGNATURE OF JUDGE(s)

----------------------------------------------------------------------------------------

For hearing of bail application

------------------------------

27.07.2022

Mr. Shah Imroz Khan, advocate for the applicant

Mr. Hussain Bukhsh Baloch Addl. P.G for the State

-------------------------------------------

Irshad Ali Shah J.—It is alleged that the applicant with rest of the culprits robbed complainant Muhammad Ali Farooqui of his cash and mobile phone, for that the present case was registered.

2. The applicant on having been refused post-arrest bail by learned V-Additional Sessions Judge, Karachi Central has sought for the same from this Court by making instant bail application under section 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 police by foisting unlicensed pistol upon him; no recovery of robbed articles has been made from him and case has finally been challaned and there is no apprehension of tampering with the evidence on his part, therefore, he is entitled to be released on bail on point of further inquiry.

4. None has come forward to advance arguments on behalf of the complainant, however, learned Additional Prosecutor General for the State has opposed to release of the applicant on bail by contending that the offence which he has committed is affecting the society at large.

5. Heard arguments and perused the record. 

6. Name and description of the applicant are not appearing in the FIR though it is lodged with delay of about 02 days; the applicant has not been subjected to identification parade through the complainant and his witnesses before the Magistrate; his involvement on the basis of his own statement, which is inadmissible in evidence and on the basis of recovery of crime weapon which is alleged to have been foisted upon him by the police is calling for further inquiry.

7. In view of above, the applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) and P.R bond in the like amount to the satisfaction of learned trial Court. 

8. The instant bail application is disposed of accordingly. 

J U D G E