IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.416 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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06.03.2025
Mr. Asad Hussain, advocate a/w
applicant
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
Mr. Muhammad Saeed Ahmed Awan,
advocate for complainant
Complainant Shameem Sattar present
IO/PI Shabeer Ahmed Laghari of PS
Ferozabad
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SHAMSUDDIN ABBASI,
J.—Applicant/accused Muhammad
Waheed Ashraf son of Muhammad Ashraf seeks pre-arrest arrest bail in FIR No.127/2025,
registered at P.S. Ferozabad, Karachi, for offence under Sections 380, 34 PPC, after
rejection of his bail plea by learned trial Court vide order dated 12.02.2025.
2. Brief
facts of the case are that complainant obtained locker No.274 in Faisal Bank
Limited, Shaheed-e-Millat Road Branch, Karachi. On a visit to the said Bank he
forgotten key of said locker in Bank, later on after having telephoned to
banker Waheed he sent one Younus to collect key from Waheed but he refused,
however, after 2 ½ hours Waheed came to his shop and handed over the key of
locker to him. It is also alleged that complainant handed over Rs.50,000/- to
applicant Waheed for opening account of complainant’s grandson, he deposited
Rs.25,000/- and kept Rs.25,000/- with him, later on he returned the same online
to complainant. Main allegations against bank officials is that they, in
connivance with each other, committed crime by opening above numbered locker
and taken away 64 tolas gold biscuits, 20 grams coins and cash Rs.1,850,000/-.
3. Learned
counsel for applicant submits that applicant is working as Relationship Manager
in Faisal Bank Limited, Shaheed-e-Millat Road Branch, Karachi and in the instant
FIR, co-accused Muhammad Haris, who is Incharge of Bank Lockers in the said
Bank has been admitted to bail by learned trial Court. He further submits that
co-accused Operation Manager Muhammad Mohtashim and Asif Shahryar Munir, Branch
Manager have also been admitted to bail; that case of present applicant is
identical to the case of co-accused, who have been admitted to bail; that alleged
offence does not fall within the ambit of prohibitory clause of Section 497,
Cr.PC; that there is no criminal record of the applicant.
4. On the
other hand, learned Additional Prosecutor General Sindh, assisted by learned
counsel for complainant opposed the grant of bail to applicant on the ground
that applicant is nominated in FIR with specific allegation that he made
duplicate key of complainant’s locker; that he also possess locker in the same
bank and he has committed theft of 64 tolas gold, 20 grams coins and cash
Rs.1,850,000/-; that yet final challan has not been submitted; that role of
present applicant is not identical to the role of co-accused who have been
admitted to bail by the trial Court.
5. Heard
learned counsel for applicant, Additional Prosecutor General Sindh as well as
counsel for complainant and perused the material available on record.
6. In
the instant case, 64 tolas gold, 20 grams gold coins and cash Rs.1,850,000/-
have been stolen from the locker of complainant maintained by him in Faisal
Bank Limited, Shaheed-e-Millat Road Branch, Karachi. Complainant has
specifically nominated present applicant in the commission of offence on the
ground that he visited the Bank to operate the aforesaid locker, however, he
mistakenly left the key on the table of applicant, complainant sent Younus to
collect locker’s key but applicant refused to handover the key to him and after
2 ½ hours, present applicant came to the shop of complainant and handed over
the key to him. Specific allegation is against the present applicant, role of
co-accused, who were admitted to bail is on different footings. IO of aforesaid
FIR is present in Court submits that during investigation applicant has taken
different instances/pleas and did not cooperate with the Investigating Officer.
Interim challan has been submitted before the trial Court. In such like cases
of pre-arrest bail, applicant has to prove his case on the point of mala fide
on the part of complainant/prosecution for his false implication, which has not
been proved by the applicant in the instant case, which is mandatory
requirement of law as held by the apex Court in the cases of Gulam Ali Solangi
versus the State (2020 SCMR 249), Mukhtar Ahmed versus the State (2016 SCMR
2064) and Rana Muhammad Arshad versus Muhammad Rafiq (PLD 2009 Supreme Court
427).
7. Learned
Additional Prosecutor General Sindh submitted that since the applicant has not
cooperated during investigation, therefore, his custody may be handed over to
the Investigating Officer. She also requested that investigation on instant
case may be entrusted to an honest officer. During hearing, this Court is not
satisfied with the performance of the present IO. Investigation of the case is
transferred to DIGP West Karachi Mr. Irfan Baloch, who may assigned investigation
of this case to any other honest and dedicated officer and he is further directed
to supervise the investigation of this case and furnish his final report to the
trial Court. Office is directed to communicate this order to Mr. Irfan Baloch,
DIGP West Karachi, for compliance.
8. In the
view of above, no case of further inquiry is made out, therefore, instant
criminal bail application is dismissed. Custody
of applicant/accused is handed to IO/PI
Shabeer Ahmed Laghari of PS Ferozabad for further investigation.
9. 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.
J
U D G E
Gulsher/PS