IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.2760 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
-----------------------------------------------------
11.03.2025
Mr. Asadullah Burdi, advocate for
applicant
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
PI Liaquat Hussain and SIP Muhammad
Ilyas of PS Gadap City
------------------------------------
Applicant/accused
Muhammad Imran son of Sabir Hussain seeks post arrest bail in FIR No.353/2024,
registered at P.S. Gadap City, Malir, Karachi for offence under sections 395,
397, PPC, after rejection of his bail plea by learned trial Court vide order
dated 08.11.2024, who was arraigned as accused in the instant case on the allegation
of committing dacoity in the house of complainant.
2. Learned
counsel for applicant submits that the applicant is innocent and he has been
falsely implicated in this case for mala fide intentions and ulterior motives;
that the applicant was already arrested on 05.06.2024 and thereafter he was
implicated in the instant case; that on the next day his brother Suleman was also
arrested by the same police; that father of applicant moved application before
SSP Malir about arrest of his two sons by concerned police; that on 11.06.2024,
mother of applicant filed petition under Section 491, Cr.PC for recovery of her
sons and raid was conducted on the directions of learned III Additional
District Judge Malir and learned Civil Judge & Judicial Magistrate-IX Malir
was appointed as Raid Commissioner, who committed raid; that applicant has been
implicated in the instant case as well as other cases due to application moved
by their mother under section 491, Cr.PC against the police; that two licenses
recovered from the possession of applicant are not mentioned in the FIR.
3. On the
other hand, learned Additional Prosecutor General Sindh has opposed for grant
of bail on the ground that though the applicant is not nominated in the FIR but
during investigation he was arrested and identification parade test was held,
wherein complainant party has rightly identified him for the alleged offence;
that two arms licenses and cash have been recovered from the possession of
applicant and there is CRO of applicant, which shows that he is involved in
three criminal cases.
4. Heard
learned counsel for applicant as well as learned Additional Prosecutor General
Sindh and perused the material available on record.
5. Admittedly,
the applicant is not nominated in FIR but during investigation he was arrested
and police recovered two arms licenses and cash from his possession. During
investigation, identification parade test of applicant was held, wherein
complainant party has rightly identified the applicant for the alleged offence.
There is also CRO of applicant, which shows that he is involved in other like
nature cases. Sufficient material is available on record, which connects the
applicant to the commission of alleged offence. No case for grant of post
arrest bail is made out, as such, instant criminal bail application is dismissed.
6. Needless
to mention here that 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