IN
THE HIGH COURT OF SINDH AT KARACHI
Criminal
Bail Application No.234 of 2023
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
For hearing of bail application
-------------------------
09.02.2023
Mr. Shamsul Hadi, advocate for
applicant
Mr. Muhammad Iqbal Awan, Additional
Prosecutor General Sindh
-----------------------------------------------
Applicant/accused
Muhammad Zubair son of Darya Khan seeks post arrest bail in FIR No.375/2022,
registered at P.S. Defence, for offences under Sections 353, 324, 187, 427, 34,
PPC read with Section 7 of the Anti-Terrorism Act, 1997. Previously, the
applicant/accused applied for the same relief before learned Judge,
Anti-Terrorism Court-XX, Karachi in Special Cases Nos.342/2022 and 342-A of 2022 but the same was refused
vide order dated 11.10.2022.
It
is contended that it was a fake police encounter, not a single firearm injury
was caused to the police officials. On the other hand, applicant and co-accused sustained firearm injuries
at the hands of the police. It is further argued that the investigation is
already complete and the applicant is in judicial custody for more than seven
months, yet one PW has been examined before learned trial Court. It is
submitted that the ingredients of Section 324, PPC and application of Section 7
of the Anti-Terrorism Act, 1997 is yet to be determined at trial. Lastly, it is
argued that co-accused Shahbaz has already been granted bail by the trial Court
and the case of applicant/accused is identical to co-accused.
Learned
Additional Prosecutor General Sindh has opposed the bail application on the
ground that the applicant/accused was arrested at the spot.
We
are inclined to grant post arrest bail to applicant/accused Muhammad Zubair for
the reasons that co-accused Shahbaz has already been granted bail by the trial
Court and the case of the applicant is identical. We have also observed that
during cross-firing not a single firearm injury was caused to the police
officials. On the other hand, applicant/accused received firearm injuries. So
far as the application of Sections 324, PPC and 7 of the Anti-Terrorism Act,
1997 is concerned, yet the prosecution has to establish its case at trial. Prima
facie, there are no reasonable grounds for believing that the applicant/accused
has committed the alleged offence but there are sufficient grounds for further
inquiry into the guilt of the accused in terms of Section 497(2), Cr.PC. Resultantly, the applicant is granted post arrest bail, subject
to furnishing solvent surety in the sum of Rs.100,000 (Rupees One lac only) and
P.R. bond in the like amount to the satisfaction of the learned trial
Court.
Needless, to mention here that the
observations made hereinabove are tentative in nature and would not influence
the trial Court while deciding the case of applicant on merits.
The
instant criminal bail application is disposed of in the above terms.
J U D G E
J
U D G E
Gulsher/PS