ORDER
SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.
695 of 2023
(Saleem versus The State)
Date Order with signature of Judges
For hearing of bail application
Date of
hearing: 16.06.2023
Date of
order: 21.06.2023
Mr. Zahid Ali Sahito advocate for the applicant
Mr. Abrar Ali Khichi Addl. PG for the state
M/s Fayyaz Ali Metlo and Muhammad Idrees
Rahimoon advocates for the complainant
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It is the case of the
prosecution that deceased Rafiq, his brothers P.Ws Abdul Razzak and Rasheed
were got employed by the applicant with Mst. Shireen Asad against monthly salary
of Rs.15,000/-. Rafiq Ahmed is alleged to have been tortured to death by Mst.
Shireen Asad, for that the present case was registered.
The applicant on having
been refused bail by learned I-Additional Sessions Judge, Karachi East has
sought for the same from this Court by making the 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 party otherwise, he has nothing to do
with the alleged incident. By contending so, he sought for release of the
applicant on bail on point of further inquiry.
It is contended by learned
Addl. P.G for the state and learned counsel for the complainant that it was the
applicant, who got employed the deceased and his brothers with Mst. Shireen
Asad and then concealed death of the deceased at the hands of Mst. Shireen Asad,
therefore, he is vicariously liable for the commission of the incident. By
contending so, they sought for dismissal of the instant bail application.
Heard arguments and
perused the record.
The FIR of the incident
has been lodged with delay of about 02 days; such delay could not be
overlooked. The applicant has been involved in commission of incident mainly for
the reason that he got employed the deceased and his brothers with Mst. Shireen
Asad and then concealed death of the deceased at the hands of Mst. Shireen Asad
allegedly by way of torture, such allegation on his part obviously would be
determined at trial. If for the sake of arguments, it is believed that the
provisions of Prevention of Trafficking in Persons Act, 2018 is applicable to
the facts and circumstances of the present case, even then such applicability would
be determined at trial. 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 his release on bail on point of further inquiry
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.
J
U D G E