IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.1640 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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04.03.2025
Mr. Khan Zaman,
advocate for applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
DSP Nisar Lodhi, Korangi Investigation-III,
Karachi
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SHAMSUDDIN ABBASI,
J.—Applicant/accused Muhammad
Ahmed son of Azizullah seeks pre-arrest bail in FIR No.191/2024, registered at P.S. Al-Falah
for offence under section 365, 34, PPC, after rejection of his bail plea by the
trial Court vide order dated 13.07.2024.
2. Brief
facts of the case are that complainant lodged FIR, alleging therein that her
son Shehzad Ali was called by her landlord Deedar Magsi for some work, however,
despite lapse of sufficient time, her son did not return home and his cell
phone was switched off, to which Deedar Magsi was contacted in order to know the whereabouts of Shehzad, who did not give proper reply, hence the subject FIR.
3. Learned
counsel for applicant submits that applicant is innocent and has been falsely
implicated in this case on the ground that applicant/accused is owner of house
and complainant is tenant and due to some dispute a false FIR has been
registered against him, which make out a case for further inquiry in terms of
Section 497(2), Cr.PC. He further submits that applicant
registered FIR against alleged abductee that he has abducted his daughter about
4 months back.
4. Learned
Additional Prosecutor General Sindh has opposed the bail to the applicant on
the ground that during investigation police recorded statement of PW Shahzad, who fully implicated present applicant in the
commission of offence and stated that he has abducted the alleged abductee. IO
present in Court submits that applicant is involved in FIR No.429/2022
registered at P.S. Sharafi Goth for offence under
section 397, PPC. IO sought CDR of applicant/accused and the alleged abductee, perusal
of the same reflects that on 02.05.2024 presence of applicant and alleged
abductee was shown at Jhal Magsi
and after three months, applicant/accused lodged FIR at PS Al-Falah against the alleged abductee, stating therein that
alleged abductee abducted his daughter Benazir.
5. Heard
learned counsel for the applicant as well as learned Additional Prosecutor
General Sindh and perused the material available on record.
6. From
tentative assessment of material available on record, it appears that applicant
is nominated in FIR. During investigation, police recorded statement of PW Shahzad, who has seen the alleged abductee along with present
applicant on his motorcycle. Moreover, IO collected the CDR of applicant and alleged
abductee, which shows their travelling history/locations from Karachi to Jhal Magsi, Balochistan.
It has also come on record that after lapse of three months applicant has
lodged FIR against alleged abductee alleging therein that he has abducted his
daughter Benazir.
7. Concession of pre-arrest bail cannot be allowed to an accused
person unless the court feels satisfied about seriousness of accused person's
assertion regarding his intended arrest being actuated by mala fide on the part
of complainant party or local Police. It cannot
be granted in every criminal case, particularly to accused confronting prima facie charges structured upon
material, warranting custody, that too, on the basis of pleas, verification
whereof, is consequent to recording of evidence. Reliance is placed on the
cases of Mukhtar Ahmed versus the State (2016 SCMR 2064)
and Gulshan Ali Solangi and
Others versus the State through P.G. Sindh (2020 SCMR 2064).
8. In view
of such position, no case for grant of pre-arrest bail has been made out, therefore,
interim pre-arrest bail granted to the applicant/accused by this Court vide
order dated 29.07.2024 is hereby recalled and the instant criminal bail
application is dismissed. However, applicant/accused
would be at liberty to file post-arrest bail application before the trial Court,
which shall be decided by the trial Court concerned on its own merits, without
being prejudiced by the observations made herein, which are tentative in nature.
9. Instant
criminal bail application is disposed of in the above terms.
J
U D G E
Gulsher/PS