IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.282 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
---------------------------------------------
23.04.2025
Mr. Ijaz Farooq, advocate a/w applicant (on interim bail)
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
Mr. Muhammad Yousuf Narejo, advocate
for complainant
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Applicants/accused
Zaib Khan and Ishtiaq Ahmed seek pre-arrest bail in FIR No.1141/2024,
registered at P.S. Zaman Town, for offence under sections 381, 34, PPC, after
rejection of their bail plea by learned XI Additional Sessions Judge, Karachi
East vide order dated 22.01.2025.
2. Brief
facts of the case are that complainant lodged FIR regarding theft of 300 meters
cable wire 48 core, 4000 meters wire 48 core and 4000 meters wire of 72 core
values rrs.58,57,000/- committed by unknown persons from his warehouse, hence
the subject FIR.
3. Learned
counsel for applicants submits that there is delay of one months in lodging of
FIR without any plausible explanation; that applicants are nominated in FIR and
learned trial Court has granted bail to nominated accused Liaquat and Faizuddin
and the present applicants have been falsely implicated in this case on the
ground that they are relatives of main accused Faizuddin; that alleged offence
does not come within the prohibitory clause of section 497, Cr.PC, hence the
applicants are entitled for grant of bail.
4. On the other hand, learned Additional
Prosecutor General Sindh, assisted by learned counsel for complainant,
vehemently opposed for grant of bail on the ground that CDR of applicants/accused
shows that they were well-connected with the main accused, however, they
admitted that present applicants are not nominated in the FIR. They submit that
challan has been submitted and the trial is in progress.
5. Heard
learned counsel for applicants, learned Additional Prosecutor General Sindh and
perused the material available on record.
6. Admittedly,
there is delay of one month in lodging of FIR without any plausible explanation
and applicants are not nominated in FIR. Learned trial Court has granted bail to nominated accused
Liaquat and Faizuddin and present
applicants have been implicated in this case on the ground that they are relatives of main accused
Faizudin; they have joined the investigation
and no any incriminating material has been recovered from their possession;
alleged offence does not fall within the ambit of prohibitory clause of Section
497, Cr.PC and rule in such cases is bail and its refusal is an exception, as
held by the apex Court in the case of Muhammad Tanveer versus State (PLD 2017
SC 733). Case has been challaned, applicants are facing trial and they did not
misuse the concession of bail. Sufficient grounds are available on record,
which make out the case of applicants for grant of bail. Therefore, interim
pre-arrest bail granted to applicants above named by this Court vide order
dated 31.01.2025 is confirmed on the same terms and conditions.
Instant
criminal bail application is dismissed of in the above terms.
J U D G E
Gulsher/PS