ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 1133 of 2023

(Shah Jahan vs. The State)

Date Order with signature of Judges

For hearing of bail application

05.06.2023

Mr. Zahid Hussain Soomro advocate for the applicant

Mr. Abrar Ali Khichi, Addl.PG for the State

-.-.-.-.-.-.-.-.-.

It is alleged that the applicant caused dagger blows to P.W Nasir on is abdomen with intention to commit his murder, for that he was booked and reported upon by the police. On refusal of bail by learned V-Additional Sessions Judge, Karachi Central, the applicant has sought for the same from this Court by way of instant bail application under Section 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 complainant Iftikhar Ahmed to satisfy his grudge with him over matrimonial affairs; the FIR of the incident has been lodged with delay of about one day and in last one year the prosecution has been able to examine only three witnesses, therefore, the applicant is entitled to be released on bail on point of further inquiry.

Learned Addl. P.G for the state, who is assisted by complainant Iftikhar Ahmed has opposed to grant of bail to the applicant by contending that on arrest from him has been secured the dagger which he allegedly used in commission of incident.

Heard arguments and perused record.

The applicant is named in FIR with specific allegation that he caused dagger blows on his abdomen to P.W Nasir being nephew of the complainant with intention to commit his murder thereby he sustained damage to his intestine. All he did only to satisfy his grudge with the complainant as he married with Mst. Shabana when she was divorced by the applicant. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the complainant party. On arrest, from the applicant has been secured the dagger which he allegedly used in commission of incident, such recovery could not be overlooked. The delay in lodgment of the FIR, if any, could not be resolved by this Court at this stage. Even otherwise, it is appearing to be natural. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged. No case for grant of bail to the applicant is made out. Consequently, the instant bail application is dismissed with direction to learned trial Court to expedite disposal of case against the applicant preferably within three months after receipt of copy of this order.

JUDGE