IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.3040 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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05.03.2025
Mr.
Israr Ahmed Abro, advocate
for applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
Mr. Moulvi
Iqbal Haider, advocate for
complainant
PI/SIO Syed Ibadat
Ali Shah of PS Gulberg
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Applicants/accused
Abdul Qadir, Naveed and
Muhammad Saleem seek pre-arrest bail in FIR No.418/2024,
registered at P.S. Gulberg, Karachi for offence under
sections 337-F(vi), 337-A(i), 337-L(ii), 34, PPC, after rejection of their bail
plea by Additional Sessions Judge-IV, Karachi Central vide order dated 28.12.2024.
2. Allegations
against applicants in this case are that on 08.10.2024 at 0330 hours, Sohail Rana son of complainant
was thrown from stairs by accused persons on his refusal to handover
his salary amount to them, resultantly he sustained injuries and was brought to
hospital for treatment, hence the subject FIR.
3. Learned
counsel for applicants submits that applicants are innocent and they have been
falsely implicated in this case due to mala fide intentions and ulterior
motives; that complainant has recorded non-cog report against Shakir and Majid, available at
Page 61, later on he deviated from his version and
falsely implicated the present applicants in the commission of alleged offence;
that alleged offence is bailable, except Section
337-F(vi), which is punishable for 7 years and does not come within the ambit
of prohibitory clause of Section 497, Cr.PC; that
case has been challaned and applicants are no more
required for further investigation; that they are regularly attending the trial
Court and they did not misuse the concession of bail. He finally prayed for
confirmation of pre-arrest bail.
4. On the
other hand, learned Additional Prosecutor General Sindh, assisted by counsel
for complainant, vehemently opposed for grant of bail on the ground that specific
role has been assigned to the applicants; that they pushed the victim from
stairs, who sustained fracture and other injuries, therefore, their case does
not come within the ambit of further inquiry in terms of section 497(2), Cr.PC.
5. Heard
learned counsel for applicants, Additional Prosecutor General Sindh, counsel
for complainant and perused the material available on record.
6. Admittedly,
there is delay of 21 days in lodging of FIR without any plausible explanation.
Learned counsel for applicants has placed on record daily diary dated
08.10.2024, which was registered by complainant against Shakir
and Majid by stating therein that they caused danda blows to him but later on he
deviated from his version and registered FIR against the present applicants.
During investigation, IO recorded his statement under section 161, Cr.PC which is available at Page-63, which reveals that he
was not fully conscious, therefore, he implicated Shakir
and Majid and now he is disclosing the names of actual
accused (applicants). Deviation from earlier statement itself makes out a case
of further inquiry in terms of Section 497(2), Cr.PC.
It is well settled law that merits cannot be considered at bail stage and only
tentative assessment can be made, as held by the apex Court in the case of Zeeshan versus the State and another (2024 SCMR
1716). Even otherwise, all sections applied in FIR are bailable,
except section 337-F(vi), PPC, which is punishable for 7 years and does not
come within the ambit of prohibitory clause of Section 497, Cr.PC.
Reliance is placed on the cases of Muhammad Tanveer
versus the State (PLD 2017 SC 733) and Jamaluddin versus
the State (2023 SCMR 1243). Applicants/accused have
joined the investigation as well as trial and they did not misuse the
concession of bail. Case has been challaned and is now
fixed framing of charge on 11.03.2025.
7. In view
of above, applicants have made out a case for grant of pre-arrest bail, therefore, interim
pre-arrest bail granted to applicants Abdul Qadir, Naveed and Muhammad Saleem by
this Court vide order dated 31.12.2024 in the aforesaid FIR is hereby confirmed
on the same terms and conditions.
8. The
instant bail application is accordingly disposed of.
J U D G E
Gulsher/PS