IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.2353 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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04.03.2025
Mr. Liaquat
Ali Awan, advocate for applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
SHO/PI Gul
Baig & SIP/PI Khuda Bux Lashari of PS Memon Goth
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SHAMSUDDIN ABBASI,
J.—Applicant/accused Syed Shahzaib son of Musarat Hussain alias Sharaf Hussain seeks post arrest bail in FIR No.286/2024, registered at P.S. Memon
Goth for offence under sections 392, 397, 324, 34, PPC, after rejection of his bail
plea by the trial Court vide order dated 05.10.2024.
2. Brief
facts of the case are that complainant lodged FIR, alleging therein that on
25.08.2024, while event was going on at Farmhouse No.116, Memon
Goth, applicant and his companions came there in two vehicles at 0300 hours,
snatched 9MM pistol from complainant, started straight firing upon him,
forcibly entered the Farmhouse, made straight firing on the party, snatched
various articles from the persons available there and escaped away.
3. Learned
counsel for applicant submits that in fact applicant is managing events in
Farmhouse with the complainant of this case. He has placed on record WhatsApp chats between the complainant and present
applicant; that no recovery has been effected from the
applicant, except one 9MM pistol, which has been foisted upon him at the
instance of complainant in order to involve him in main case; that there is
delay of 5 days in lodging of FIR, without any plausible explanation. He prays
for grant of post arrest bail to the applicant.
4. On the
other hand, learned Addl: Prosecutor General Sindh has
opposed the grant of bail to applicant on the ground that applicant is
nominated in FIR and robbed 9MM pistol has been recovered by police on his pointation. However, she admits that no other robbed
articles were recovered from his possession.
5. Heard
learned counsel for applicant as well as Additional Prosecutor General Sindh and
perused the material available on record.
6. Admittedly,
there is delay of 5 days in lodging of FIR, without any plausible explanation.
Complainant has nominated the applicant in FIR, it is the claim of the
applicant party that they were managing events in the Farmhouse and counsel for
applicant has placed on record WhatsApp chats between
the complainant and the applicant, which shows that they were well connected
with each other. It is matter of record that learned trial Court has granted
bail to co-accused Bilal and Shahroz, whose role is identical to that of present applicant, hence rule of consistence is attracted in the
present case. Sufficient grounds are available on record which makes out a case
of further inquiry in terms of Section 497(2), Cr.PC.
Case has been challaned and applicant is no more
required for further investigation.
7. In
view of above, applicant Syed Shahzaib son of Musarat Hussain alias Sharaf Hussain is admitted to
bail, subject to his furnishing solvent surety in the sum of Rs.100,000/- (Rupees one hundred thousand only) and
P.R. bond in the like amount to the satisfaction of trial Court.
8. Needless
to mention here that the observations made hereinabove are tentative in nature,
the same would not influence the trial Court while deciding the case of the applicant/accused
on merits.
9. Instant
criminal bail application is disposed of in the above terms.
J
U D G E
Gulsher/PS