IN
THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.2912 of
2023
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For hearing of bail application
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28.02.2024
Mr. Khan Zaman Khattak, advocate for
applicant
Mr. Ali Haider Saleem, Additional
Prosecutor General
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Naimatullah Phulpoto, J.- Applicants/accused Waqar Ahmad and Rizwan seek post
arrest bail in Crime No.211/2023 for offences under Sections 147, 148, 149,
153, 186, 353, 427 PPC read with Section 7 of the Anti-Terrorism Act, 1997. Prior
to this, applicants/accused applied for bail before learned Judge,
Anti-Terrorism Court-I, Karachi, the same was rejected vide order dated
20.05.2023.
2. It is
mainly contended by learned counsel for the applicants/accused that co-accused
Muhammad Kamran and others have already been granted bail by this Court in the
same crime in Criminal Bail Application No.1253/2023 and others; case of
applicants/accused is identical to that of co-accused. Additional Prosecutor
General Sindh concedes that case of the applicants/accused is identical to the
case of co-accused, who have already been granted bail
by this Court.
3. It
appears that co-accused Muhammad Kamran and others have been granted bail by
this Court in the aforesaid criminal bail applications vide order dated
15.08.2023, mainly for the following reasons:
“7. Investigating Officer submits that applicants/accused are no more required for
investigation as interim report has already been submitted before the
competent Court of law. In such
a situation, it would be better to keep an accused person on bail then in the
jail, during the trial.
8. Prima facie, there
are no reasonable grounds for believing that the applicants/accused have committed the alleged offences but there are sufficient
grounds for further inquiry into their guilt. Resultantly, concession of bail
is extended to applicants/accused Javed
Ali, Muhammad Tariq, Muhammad Kamran, Abdul Shakoor,
Syed Azfar Ali, Rehan Zameer, Muhammad Amir, Muhammad Azhar,
Nawabuddin, Sameer Asim, Rana Muhammad Wajid, Muhammad Shahid, Wahaj Hussain,
Syed Fahad Asim, Luqman Khan and Noorul Amin, subject to furnishing solvent surety in the sum of Rs.100,000/- (Rupees one hundred thousand) each and
P.R. bond in the like amount to the satisfaction of the trial Court.”
4. Principle of rule of consistency is very much applicable to
the applicants/accused, therefore, concession of bail is extended to applicants
Waqar Ahmed son of Mukhtar
Ahmed and Rizwan son of Abu Saeed,
subject to furnishing solvent surety in the sum of Rs.100,000/-
(Rupees one hundred thousand) each
and P.R. bond in the like amount to the satisfaction of the trial Court.
5. Instant criminal bail application is accordingly disposed
of.
J U D G E
J
U D G E
Gulsher/PS