ORDER SHEET
IN THE HIGH COURT OF SINDH AT
KARACHI
Cr.B.A.No. 641 of 2023
[Shah Fareed Ul Haq Versus
The State]
Date Order
with signature of Judges
For hearing of bail application
26.06.2023
Mr. Abdul Samad
Memon, Advocate for the Applicant.
Ms. Rubina Qadir, Deputy Prosecutor General,
Sindh.
-.-.-.-.-.-.-.-.-.
It is alleged that the
applicant with rest of culprits robbed complainant Mst. Jamila of her gold
ornaments and other belongings, for that the present case was registered. On
refusal of bail by learned 3rd Addl. Sessions Judge, Karachi West, the
applicant has sought for the same from this Court by way of instant application
under section 497 Cr.P.C.
Heard arguments and
perused the record.
The FIR of the incident
has been lodged with delay of about 16 days; such delay having not been
explained plausibly could not be over looked. No robbed property is recovered
from the applicant. The pistoled allegedly used in commission of the offence it
is said has been foisted upon the applicant. The case has finally been
challaned and there is no apprehension of absconsion or tempering with the
evidence on the part of the applicant who is said to be in custody since seven
months without effective progress in trial of his case. In these circumstances;
a case for release of the applicant 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.50,000/-
(Rupees Fifty Thousand Only) and P.R bond in the like amount to the
satisfaction of learned trial Court.
Instant bail application
is disposed of accordingly.
JUDGE