ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 718 of 2023

(Ayan Ali vs. The State)

Date Order with signature of Judges

1. For order on M.A.No. 6724/2023

2. For hearing of bail application

09.06.2023

Mr. Irshad Ali Shar advocate for the applicant

Mr. Zahoor Shah Addl.PG for the State

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

It is alleged that the applicant with rest of the culprits during course of robbery committed murder of Siraj by causing him fire shot injuries, for that the present case was registered. The applicant on having been refused bail by learned III-Additional Sessions Judge/MCTC-II, Malir Karachi has sought for his release on bail 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 the police; complainant Idrees, Mst. Zarina and Mst. Naziran, who happened to be wife and mother of the deceased have already recorded no objection to grant of bail to the applicant by filing their respective affidavits before learned trial Court; co-accused Ahmed Sajjad has already been admitted to bail, therefore, the applicant is entitled to be released on bail on point of consistency and further inquiry. In support of his contentions, he relied upon case of Attaullah and three others vs. The State and others (1999 SCMR 1320).

None has come forward to advance arguments on behalf of the complainant. However, learned Addl. P.G for the State has opposed to release of the applicant on bail by contending that he is vicariously liable for commission of the incident.

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about 14 days, yet it does not contain the name and description of the applicant; it was disclosed by co-accused Ahmed Sajjad, such disclosure could hardly be used as evidence. On arrest, it is said that the applicant admitted his guilt before police, if it is believed to be so, then such admission in terms of Article 39 of Qanun-e-Shahadat Order, 1984 could not be used against him as evidence. Subsequently, the applicant has been subjected to identification parade through P.W Mushtaq with a role that he at the time of incident was found driving the motorcycle which was used in commission of the incident, therefore, conjoint liability if any on his part would be determined at trial. Co-accused Ahmed Sajjad, who allegedly has committed the death of the deceased by causing him fire shot injuries has already been admitted to bail by learned trial Court on raising of no objection by the complainant party; the case has finally been challaned and there is no apprehension of tampering with the evidence on the part of the applicant. In these circumstances, a case for release of the applicant on bail on point of further inquiry and consistency obviously is made out.

In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.200,000/- (Rupees Two Lacs only) and P.R bond in the like amount to the satisfaction of the learned trial Court.

Instant bail application is disposed of accordingly.

JUDGE