ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.232 of 2023

(Muhammad Danish vs. The State)

Date Order with signature of Judges

For hearing of bail application

12.06.2023

Mr. Ayaz Ali Chandio, advocate for the applicant

Ms. Seema Zaidi, Additional Prosecutor General Sindh

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It is alleged that the applicant with rest of the culprits robbed complainant Imtiaz Ali of his car and other belongings for that the present case was registered. On refusal of bail by learned IX Additional Sessions Judge, Karachi South, the applicant has sought for the same from this Court by way of instant bail application u/s 497 Cr.P.C.

2. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by police on the basis of recovery which has been foisted upon him. By contending so, he sought for release of the applicant on bail on the point of further inquiry.

3. None has come forward to advance arguments on behalf of the complainant, however, learned Additional PG for the state has opposed to release of bail by contending that he has committed the offence which is affecting the society at large.

4. Heard arguments and perused the record.

5. The FIR of the incident does not contain the name and description of the applicant though it has been lodged with unexplained delay of about two days. No identification parade of the applicant on his arrest has taken place. The recovery, if any, is said to have been foisted upon the applicant by the police. 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 the point of further inquiry obviously is made out.

6. In view of above, the applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Rupees One Fifty Thousand Only) and P.R bond in the like amount to the satisfaction of learned trial Court. 

7. The instant bail application is disposed of accordingly. 

JUDGE