1. FOR orders on M>A. 909/04 (If granted).
2. For orders on MA.910/04.(Certified copy of annexures not filed).
3. For Hearing_________________________________
29.3.04
Mr. Shahida Nasreen, Advocate for the Applicant.
Mr. Sardaruddin Qureshi, Advocate for the State.
By this order I intend to dispose of Criminal Bail application filed on behalf of the applicant Muhammad Nazeer, in a case Crime No. 153/03, registered at P.S. New Karachi for an offence under Section 506-B PPC. The bail plea of the applicant was declined by the learned Sessions Judge, Karachi Central, vide order dated 18.3.2004.
The prosecution story as unfolded in the FIR is as under:-
“I, Mst. Sarwat Begum State that my husband namely Muhammad Nazeer is Head Constable at P.S. Jamshad Quarter who is taking illegal benefits in police and used to beat me every day without any reason and his record in police department is also bad. Recently a Show Cause Notice also issued to him but he did not change his habits. I request for legal action against him and provide me protection.”
The investigation followed in due course the applicant was sent up to stand trial before the competent Court of law i.e. learned Sessions Judge Karachi Central.
I have heard the learned counsel for the respective parties and perused the record. It has been contended by the learned counsel for the applicant that the case against his client is false who has been involved in the background of enmity and under suspicion. It has also been contended that the offence is punishable upto seven years and the same does not fall within the prohibitory clause of Section 497(1) Cr.P.C. He further states that it’s a fit case where applicant could be enlarged on bail. Learned counsel for the
Learned Counsel for the State Mr. Sardaruddin Qureshi concedes to the above legal position and raised no objection for grant of bail.
I have considered the arguments of the respective parties and perused the record and feel that learned counsel for the applicant has been able to make out a case for bail, which is granted provided he furnishes surety in the sum of Rs.50,000/- and P.R. bond in the like amount to the satisfaction of the trial Court. Cr. Bail No. 302 of 2004 stands disposed of as such. JUDGE