ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 625 of 2023

(Shahzad vs. The State)

Date Order with signature of Judges

For hearing of bail application

06.06.2023

Mr. Rana Sohail advocate for the applicant

Mr. Muntazir Mehdi, Addl.PG for the State

Complainant in person

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

The facts in brief necessary for disposal of instant bail application are that deceased Sanaullah was Rickshaw driver, the applicant and others allegedly hired his Rickshaw, committed his murder by causing him dagger blows after administering some poisonous substance to him, took away his Rickshaw and other belongings, then gave it cover of accidental death in order to save themselves from legal consequences, for that the present case was registered.

The applicant on having been refused bail by learned Ist Additional Sessions Judge/MCTC Malir, Karachi has sought for the same from this Court by way of instant bail 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 in a blind FIR, on the basis of statement of co-accused; the recovery if any made from the applicant has been foisted upon him and more so, complainant Zahid, Mst. Shabnam and Nasrullah, who happened to be mother and father of the deceased by filing their respective affidavits have recorded no objection to release of the applicant on bail. By contending so, he sought for release of the applicant on bail on the point of further inquiry.

Learned Addl. P.G for the State who is assisted by the complainant has recorded no objection to release of the applicant on bail by contending that the parties have settled their dispute outside of the Court.

Heard arguments and perused the record.

Name and description of the applicant are not appearing in the FIR, though it is lodged with delay of about one day, which appears to be surprising. The applicant has been involved in commission of the incident on the basis of disclosure of his name by co-accused Rehmatullah alias Lala Pathan, such disclosure could hardly be used as evidence. On arrest, it is alleged that the applicant has admitted his guilt before the police, such admission, if any on his part could not be used as evidence in terms of Article 39 of Qanun-e-Shahadat Order, 1984. The recovery of incriminating article and belongings of the deceased from the applicant, it is alleged to have been foisted upon him. More so, complainant Zahid Hussain, Mst. Shabana and Nasrullah, who happened to be father and mother of the deceased have recorded no objection to grant of bail to the applicant by filing their respective affidavits. In these circumstances, a case for release of the 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 the sum of Rs.200,000/- (Rupees Two Lacs Only) and P.R bond in the like amount to the satisfaction of learned trial Court.

The instant bail application is disposed of accordingly.

JUDGE