IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.843 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
orders on office objection
For
hearing of bail application
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15.05.2025
Mr.
Javed Ahmed Korai, advocate, holds brief on behalf of Mr. G. M. Korai, advocate
for applicant
Ms.
Seema Zaidi, Additional Prosecutor General Sindh
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Applicant/accused
Meer Balaj son of Imran Korai seeks post-arrest bail in FIR No.587/2022,
registered at P.S. Shah Latif Town, Malir Karachi for offence under sections 302,
377, 34, PPC, after rejection of his bail plea by learned Additional Sessions
Judge-I/MCTC, Malir Karachi, vide order dated 20.03.2025.
2. Briefly
the facts of the case are that son of complainant, namely Shakir Hussain, aged
about 8/9 years went to buy meals from hotel, despite lapse of sufficient time
he did not return, then complainant and his brothers while searching his son
when reached at Faisal School Building, they heard voices from room, they
unlocked door of room, the light was switched off, therefore, on torch light
they saw 3 persons standing on Shakir Hussain, blood was oozing from his throat
due to cut and he was lying dead. Complainant party apprehended present
applicant while his two companions succeeded to escape away, who disclosed his
name as Balaj son of Imran Korai and names of his companions as Faisal and one
unknown. Dead body was shifted to hospital, where MLO certified that before
murder, unnatural offence was committed with deceased. Hence the subject FIR.
3. Learned
counsel for applicant submits that applicant is innocent and he has been
falsely implicated in this case due to mala fide intentions and ulterior
motives; that some of prosecution witnesses have been examined by learned trial
Court and they have made material contradictions in evidence, which makes out
the case of applicant for further inquiry in terms of section 497(2), Cr.PC.
4. On the
other hand, learned Additional Prosecutor General Sindh has vehemently opposed for grant of bail on the
ground that earlier this Court has dismissed the post arrest bail of applicant
vide order dated 15.06.2023 on merits in Criminal Bail Application No.739/2023.
5. Heard
learned counsel for applicant as well as Additional Prosecutor General Sindh and
perused the material available on record.
6. Admittedly,
post arrest bail of present applicant has already been dismissed by this Court
vide order dated 15.06.2023 in Criminal Bail Application No.739/2023 on merits.
Learned counsel for applicant mainly contended that there are major
contradictions between the statements of prosecution witnesses. It is well
settled law that only tentative assessment of material available on record is
to be made at bail stage and deeper appreciation of evidence cannot be
considered, therefore, contradiction made by the prosecution witnesses cannot
be considered at bail stage. Reliance is placed on the case of Muhammad Sarfraz
Ansari versus the State and others (PLD 2021 Supreme Court 738). Case has
proceeded and prosecution has examined six witnesses. Progress report has been
called from the trial Court which reveals that no one is appearing on behalf of
pauper accused Faisal Khan, which caused delay in trial. Applicant and other
accused are sailing in the same boat and to some extent they are equally
responsible for delay in conclusion of trial.
7. In
the view of above, no case for grant of bail has been made out, therefore,
instant criminal bail application is dismissed.
However, learned trial Court is directed to conclude the trial preferably
within a period of four months, under intimation to this Court through learned
MIT-II.
J
U D G E
Gulsher/PS