IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No. 2464
& 2465 of 2023
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
Present: Mr.
Justice Naimatullah Phulpoto
Mr. Justice Amjad Ali Sahito
01.12.2023
Mr.
Khawaja Muhammad Azeem advocate for the applicant/accused
Mr. Ali Haider Saleem Addl. P.G
I.O Muhammad Ali
-.-.-.-.-.-.-.-.
NAIMATULLAH PHULPOTO J- Applicant/accused
Bilal Ahmed seeks post arrest bail in crime No.377/2023 for offence under
Sections 365-A/34 PPC read with Section 7 ATA 1997 and in connected/offshoot
case bearing Crime No.380/2023 for offence under Section 23(1)(a) of Sindh Arms
Act 2013, both registered at PS KIA. Applicant/accused applied for post arrest
bail before learned Judge, ATC-XII, the same was rejected vide order dated
24.07.2023. By this common order, we intend to decide the aforesaid bail
applications.
2. Learned counsel for the
applicant/accused contended that abductee Shahbaz Ali was previously known to
applicant/accused Bilal and there was business transaction between them; that prosecution
story as mentioned in the FIR, 161 and 164 Cr.P.C statements of abductee
Shahbaz Ali is concocted and false one. It is submitted that co-accused Ismail
and co-accused Muhammad Ismail and Nasir Khan have already been granted bail by
the trial Court. Lastly, it is submitted that prosecution case requires further
inquiry into the guilt of the applicant/accused.
3. Addl. P.G argued that applicant/accused
was arrested on spot and abductee was recovered from the vehicle. It is further
submitted that in this case unlicensed pistol was also recovered from the
possession of the applicant/accused; that prosecution collected sufficient
evidence with regard to ransom amount paid by the brother of the abductee to
the accused persons. As regards to grant of bail to co-accused is concerned, it
is submitted that co-accused Muhammad Ismail is juvenile and accused Nasir Khan
was named by co-accused in his statement during investigation. Lastly, it is
submitted that sufficient material has been collected against the
applicant/accused to connect him with the commission of the offence, as such,
he is not entitled for grant of post arrest bail.
4. We have carefully heard the learned counsel
for the parties, perused the contents of the F.I.R, 161 and 164 Cr.P.C
statements of the abductee and other material collected by the prosecution
during investigation.
5. From perusal of FIR, it transpires that
incident had occurred on 07.03.2023 at 7:45 p.m. and it was reported at P.S
Korangi Industrial Area on 08.03.2023 at 7:20 a.m. It appears that
applicant/accused was arrested on spot, from his possession an unlicensed
weapon was recovered and abductee was also recovered at the time of arrest of
the applicant. Abductee Shahbaz Ali in his 164 Cr.P.C statement recorded before
XXX-Judicial Magistrate Karachi East on 18.03.2023 has fully implicated the
applicant/accused that he kidnapped him for ransom on 07.03.2023 from D.K
Showroom near Bank Dubai Islamic, Darul Salam Society, Korangi Karachi, in a
Vigo vehicle. I.O during investigation found applicant/accused involved in the
commission of the offence. The contention of learned advocate for the applicant/accused
that co-accused Muhammad Ismail and Nasir Khan have already been granted bail
by the trial Court, it appears that co-accused Muhammad Ismail was granted bail
on the ground that he was juvenile at the time of commission of offence and
case of co-accused Nasir Khan was distinguishable from the case of the
applicant/accused as he was involved in this case on the basis of statement of
co-accused. Prima facie there are reasonable grounds to believe that
applicant/accused is involved in the offence of abduction for ransom, which is
punishable for death or imprisonment for life. On our tentative assessment,
there is sufficient material against the applicant/accused. Therefore,
applications for grant of bail are without merit and the same are dismissed.
However, trial Court is directed to decide the case expeditiously.
6. Needless to observe that the above
observations are tentative in nature and the trial Court shall not be
influenced, in any manner, while deciding the case.
JUDGE
JUDGE
Wasim
ps