IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.205 of 2025
|
DATE |
ORDER WITH SIGNATUREs OF JUDGEs |
For
hearing of bail application
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17.03.2025
Mr.
Aamir Haroon Meo, advocate for applicant
Mr.
Khadim Hussain Khuharo, Addl: PG Sindh
IO
SIP Moula Bux Morio of PS Ibrahim Hyderi
Mr.
Wajahat Naseem Khan, advocate for complainant
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Applicant/accused
Nadir Ali son of Ali Hassan seeks post arrest bail in FIR No.595/204,
registered at PS. Ibrahim Hyderi, Malir, Karachi for offence under sections
392, 397, 34, PPC, after rejection of his bail plea by learned Additional
Sessions Judge-VIII, Malir, Karachi vide order dated 18.01.2025
2. That
facts involved in the instant case are that complainant lodged FIR, alleging
therein that on 27.11.2004 at 05:15 am. his workers informed him that four
unknown accused persons entered into his cattle farm by climbing over wall and
on gunpoint have taken away four buffalos in two loader Suzuki vehicles.
3. Learned
counsel for applicant mainly contended that applicant/accused is not nominated
in the FIR nor any identification parade has been conducted, that only piece of
evidence against the applicant is that he was already arrested in FIR
No.589/2024 of same police station for offence under Section 496-A, PPC,
whereby complainant of this case has identified him, however, the said FIR was
disposed of in "C" Class and this case has been managed by complainant
in connivance of police.
4. On the
other hand, learned Additional Prosecutor General Sindh, assisted by learned
counsel for complainant, opposed for grant of bail on the ground that vehicle
used in the alleged offence was recovered on the pointation of present
applicant.
5. Heard
learned counsel for applicant, Additional Prosecutor General Sindh counsel for
complainant and perused the material available on record.
6. Admittedly,
the applicant is not nominated in the FIR, no identification parade test has
been conducted; during investigation applicant was identified by complainant at
police station when he was already in custody arrested in FIR No.589/2024 of
Police Station Ibrahim Hyderi for offence under Section 496-A PPC, which has
been disposed of in "C" Class; that applicant is driver and no theft property
was recovered from his possession; the alleged offence does not come within the
ambit of prohibitory clause of 497, Cr.PC and rule in such cases is bail and
its refusal is an exception, as held by apex Court in the case of Muhammad
Tanveer versus State (PLD 2017 SC 733). From the tentative assessment of the
material available on record, it appears that applicant has made out a case for
grant of bail as such, he is admitted to post arrest bail, subject to
furnishing solvent surety in the sum of Rs.100.000/- and P.R. Bond in the like
amount to the satisfaction of the trial Court.
7. The
observations made herein above are tentative in nature and would not prejudice
the case of either party at trial.
8. The instant criminal bail application
is disposed of in the above terms.
J U D G E
Gulsher/PS