IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.3008 of 2024
Criminal Bail
Application No.3007 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail applications
--------------------------------
18.03.2025
Mr. Muhammad Imran, advocate for
applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
Complainant Waqar
Ahmed in person
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Applicant/accused
Rehan son of Rizwan seeks
post arrest bail in FIR No.488/2024 for
offence under sections 392, 397, 34, PPC and FIR No.489/2024, for offence under Section 23(1)(a)
of the Sindh Arms Act, 2013 both registered at P.S. Pakistan Bazar, after
rejection of his bail plea by leaned Additional Sessions Judge-XI, Karachi West
vide order dated 12.12.2024.
2. Brief
facts of the case are that on 16.10.2024, four accused persons snatched mobile
phones Samsung and ITEL and Rs.8000/- on gunpoint from complainant. Applicant was arrested by police and
recovered robbed mobile phones of complainant and one 30 bore pistol, with
loaded magazine having 5 rounds and cash Rs.1000/- from the possession of
present applicant, hence the subject FIRs.
3. Learned
counsel for applicant submits that applicant is not nominated in FIR
No.488/2024 nor arrested at the spot and he has been falsely implicated by the
police; even there is no identification parade; that complainant has not
identified the applicant for commission of alleged offence and he submitted his
affidavit before concerned trial Court, which reveals that applicant is not the
same person, who robbed his mobile phones, therefore, his case requires further
inquiry in terms of Section 497(2), Cr.PC.
4. Learned
Additional Prosecutor General Sindh has recorded no objection on the ground
that complainant present in Court has categorically stated that the applicant
is not involved in his case.
5. Heard
learned counsel for applicant, learned Additional Prosecutor General Sindh,
complainant in person and perused the material available on record.
6. Complainant
is present in Court and has categorically stated that he has seen the applicant
before learned trial Court and he furnished his affidavit by stating therein
that applicant is not involved in the instant case. In view of such position, case
of the applicant/accused requires further inquiry in terms of Section 497(2), Cr.PC. Therefore, applicant is admitted to post arrest
bail, subject to his furnishing solvent surety in the sum of Rs.50,000/- in
each FIR and P.R. Bond in the like amount to the satisfaction of the trial
Court. However, it is made clear that the observations made herein above are
tentative in nature, the same would not prejudice the
case of either party at trial.
7. The
instant criminal bail application is disposed of in the above terms.
J U D G E
Gulsher/PS