ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 1029 of 2023

(Samiullah vs. The State)

Date Order with signature of Judges

For hearing of bail application

09.06.2023

Mr. Shah Nawaz Teenvio advocate for the applicant

Mr. Zahoor Shah Addl.PG for the State

Mr. Ajab Khan Khattak advocate for the complainant

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

It is alleged that the applicant with rest of the culprits fired at complainant Naseeb Zarkhan with intention to commit his murder, then went away by causing damage to his car for that the present case was registered. The applicant on having been refused bail by learned III-Additional Sessions Judge, Karachi West 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 complainant only to satisfy his dispute with him over the property; none has sustained fire shot injury and co-accused Shahbaz Khan and four others have already been admitted to pre-arrest bail by learned trial Court, 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 Muhammad Niaz vs. The State and others (2022 SCMR 1834).

Learned Addl. P.G for the State and learned counsel for the complainant have opposed to release of the applicant on bail by contending that it was he who actually fired at the complainant.

Heard arguments and perused the record.

Neither the complainant nor any of his witness sustained fire shot injury during course of alleged incident which appears to be surprising; the parties are already disputed over property; co-accused Shahbaz and four others have already been admitted to pre-arrest bail by learned trial Court; there is no recovery of any sort from the applicant; 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.50,000/- (Rupees Fifty Thousand 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