THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.997 of 2013

Present: Ghulam Sarwar Korai, J. Naimatullah Phulpoto, J.

Applicant: Sameer Ahmed, through Mr. Abdul Sattar Baloch, Advocate.

Respondent: The State through Mr. Zafar Ahmad Khan, Additional Prosecutor General Sindh.

Date of Hearing : 03.09.2013

O R D E R

NAIMATULLAH PHULPOTO, J.- Applicant/accused Sameer Ahmed son of Ali Muhammad seeks bail in Crime No.129/2013 lodged by complainant Kamran Abdullah on 11.03.2013 at police station SITE-B, Karachi West under section 365-A PPC.

2. Brief facts of the prosecution case as disclosed in the F.I.R. are that father of the complainant had a fishing business at Sonmiyni Dam. Complainant helped his father in the business and his elder brother, namely, Khalid Abdullah, is serving as Assistant Director and he is posted at Hub. PW Khalid Abdullah telephoned the complainant that he was coming to home in his Corolla Car No.AVC-833. He further informed the complainant that he had reached at that time at Sher Shah Bridge. At about 01:30 p.m., father of the complainant reached home and informed the complainant that car of his son Khalid Abdullah has been parked at Sher Shah bridge and its doors were opened. Police had surrounded the car. He further told that two mobile sets and pistol of Khalid were also lying in the car but key of the vehicle was missing. Complaint after hearing news, went to Sher Shah bridge and he brought vehicle of his brother through lifter to the police station and F.I.R. was lodged by him, alleging therein that his brother had no enmity with any person. However, he suspected that his brother Khalid Abdullah has been kidnapped. F.I.R. was lodged under the above referred section.

3. On 16.03.2007 complainant received a call from the mobile number of his brother and the caller demanded 2 Crore rupees for the release of his brother Khalid Abdullah. During investigation, on spy information police raided one house on 20.03.2013 situated near Hab Road, Karachi West. Accused started firing upon police party, in the cross firing one culprit sustained fire arm injuries and succumbed to the injuries whereas four accused made their escape good. Police searched the house from where two abductees Khalid Abdullah and Faheem, whose hands were tied were recovered. Empties and two chains were also secured by the police. Applicant/accused Sameer Ahmed was arrested on 09.06.2013 by Inspector Muhammad Babar on the pointation of abductee Khalid Abdullah at Northern Bypass, Karachi, opposite Taj Petroleum in presence of mashirs. During investigation 161 Cr.PC statements of PWs were recorded. After usual investigation challan was submitted against the accused Sameer Ahmed son of Ali Muhmmad and Wali Muhammad alias Jamil under section 365-A PPC.

4. Bail application was moved on behalf of the Applicant/accused Sameer Ahmed, the same was rejected by the learned Judge, Anti-Terrorism Court No.II, Karachi vide order dated 07.08.2013. Thereafter, applicant/accused approached this Court.

5. Mr. Abdul Sattar Baloch, learned advocate for the applicant/accused mainly contended that name of the applicant/accused did not transpire in the F.I.R. and applicant Sameer Ahmed was in the custody of the Rangers before the date of his arrest. Lastly, it is submitted that nothing incriminating has been recovered from the possession of the applicant/accused to connect him in this case.

6. Mr. Zafar Ahmed Khan, learned Additional Prosecutor General Sindh, argued that abductee Khalid Abdullah in his 161 Cr.PC statement has fully supported the prosecution case. Applicant/accused was arrested on the pointation of the abductee, offence is heinous one, he has strongly opposed the bail application.

7. After hearing the learned counsel for the parties we have perused the relevant record.

8. Prima facie, there are reasonable grounds to believe that applicant/accused Sameer Ahmed has committed the alleged offence for the reasons that abductee Khalid Abdullah in his 161 Cr.PC statement recorded on 11.06.2013 has fully implicated the applicant/accused in this case. Applicant/accused was arrested on the pointation/identification of the abductee. After encounter with police abductee was recovered from a house. He was found chained and confined in a room. Contention of learned defence counsel that applicant/accused was arrested by the Rangers prior to this case, such contention can only be determined/examined in deep by the trial Court after recording of evidence. Apparently, complainant party had no enmity with accused to involve in this case. In the tentative assessment, there is sufficient material to connect the applicant/accused in the commission of the offence, which is punishable for death or imprisonment for life. Therefore, bail application is without merit, the same is dismissed. However, trial Court is directed to decide the case expeditiously.

Needless to mention here that observations made herein above are tentative in nature, learned trial Court shall not be influenced by such observations while deciding the case on merits.

JUDGE

JUDGE

Dated: 01.10.2013

Gulsher/PA