IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.678 of 2025
Criminal Bail
Application No.679 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail applications
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15.05.2025
Mr.
Ashiq Muhammad, advocate for applicant
Ms.
Seema Zaidi, Additional
Prosecutor General Sindh
Mr.
Bahadur Bukhari, advocate
along with complainant
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Applicant/accused
Adil Khan son of Shahbaz
Khan seeks post-arrest bail in FIR No.388/2025,
registered at P.S. Rizvia Karachi for offence under
sections 397, 353, 324, 34, PPC and in FIR
No.390/2024 under section 23(1)(a) of the Sindh
Arms Act, 2013, after rejection of his bail plea by learned Additional Sessions
Judge-V, Karachi Central, vide orders dated 03.03.2025.
2. Briefly
the facts of the case are that on gunpoint 3 accused persons stopped the
complainant and snatched his mobile phone, wallet containing Rs.700/- and from
dashboard of his vehicle Rs.800,000/- in white shopper and escaped away. In the
meanwhile, area police appeared, who tried to stop the culprits but they
started firing upon police party, police party also fired in self defence, in result whereof all the three accused persons
fell down from motorcycle, they were apprehended by police and from possession
of accused Raza Khan one 9MM pistol with ammunition
was recovered, from accused Adil Khan one 30 bore
piston with ammunition and snatched amount Rs.850,000/- were recovered and from
possession of accused Sabir Taj
snatched wallet and mobile phone were recovered. Hence the subject FIRs under
the above referred sections.
3. Learned
counsel for applicant submits that complainant of robbery case has not identified
the applicant before learned trial Court during his deposition,
therefore, case of applicant requires further inquiry in terms of section
497(2), Cr.PC.
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 he was arrested at spot and police recovered crime weapon and robbed cash
Rs.850,000/- from his possession; that sufficient material is available on
record which connects him with the commission of allege offence.
5. Heard
learned counsel for applicant as well as Additional Prosecutor General Sindh,
assisted by counsel for complainant and perused the material available on
record.
6. It
is a matter of record that during pendency of this criminal bail application,
deposition of complainant has been recorded by learned trial Court wherein he
has not identified the applicant/accused as accused in the alleged offence
which has been confirmed by the complainant present in Court. In view of such
position, case of applicant/accused requires further inquiry in terms of Section
497(2), Cr.PC. Therefore, the applicant is admitted
to post arrest bail in the aforesaid FIRs, subject to furnishing solvent surety
in the sum of Rs.100,000/- (Rupees One Hundred Thousand) in each case and
P.R. Bond in the like amount to the satisfaction of the trial Court.
7. Needless
to mention here that observations made hereinabove are tentative in nature and
would not prejudice the case of either party at trial.
J
U D G E
Gulsher/PS