IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.2438 of
2024
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
Present: Mr.
Justice Naimatullah Phulpoto
For hearing of bail application
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15.01.2025
Ms. Mehrunnissa, advocate for
applicant/accused
Mr. Muhammad Noonari, D.P.G.
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Naimatullah Phulpoto, J.- Applicant/accused
Mst. Samreen wife of Raheel seeks post arrest bail in Crime No.257/2024,
registered at P.S. City Court, Karachi, for offences under Sections 465, 468,
471, 114, 34, PPC. Prior to this applicant/accused applied for the same relief
before learned VIII Additional Sessions Judge, Karachi South, the same was
declined vide order dated 14.11.2024.
2. Learned advocate for applicant/accused
mainly contended that Mst. Samreen
is a woman and she is in jail since more than two months, yet charge has not
been framed; that the ingredients of alleged offences are not made out; that
the alleged offences do not fall within the prohibitory clause of Section 497(1),
Cr.PC. In support of contentions, reliance has been placed on the order passed
by the Supreme Court of Pakistan in the case of Mst. Amna Naz versus The State
and another (Crl. P.L.A. No.1038/2024).
3. Learned Deputy Prosecutor General Sindh
submits that Mst. Samreen is in judicial custody and she is no more required
for investigation. However, he opposed the bail application on the ground that
alleged offences are non-bailable and case is a fresh one.
4. I have heard the learned counsel for
the parties and perused the relevant record.
5. I am inclined to grant bail to
applicant/accused Mst. Samreen for the reasons that applicant/accused is a woman, she is in jail since more than two
months, yet charge has not been framed; investigation has already been
completed; there is no apprehension of tampering with the evidence; apparently there
is no probability of her abscondence; alleged offences do not fall within the
prohibitory clause of Section 497(1), Cr.PC. Grant of bail in such cases is
a rule and refusal is an exception. Rightly reliance
has been placed on the order passed by the Supreme Court of Pakistan in the
case of Mst. Amna Naz versus The State and another (Crl. P.L.A. No.1038/2024).
6. Prima facie,
there are no reasonable grounds for believing that the applicant/accused has
committed the alleged offences but there are sufficient grounds for further
inquiry into her guilt. Resultantly, concession of bail is extended to applicant/accused
Mst. Samreen wife of Raheel, subject to her furnishing
solvent surety in the sum of Rs.100,000/-
(Rupees One hundred thousand) and P.R. bond in
the like amount to the satisfaction of the trial Court.
7. Needless to
mention here that the observations made herein above are tentative in nature,
the trial Court shall not be influenced by the same while deciding the case of
the applicant/accused on merits.
J U D G E
Gulsher/PS