ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.1031
of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For hearing of bail application
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09.05.2025
M/s
Zulfiqar Ali Shaikh & Ghulam Asghar Jutt,
advocates or applicant
Ms.
Seema Zaidi, Additional
Prosecutor General Sindh
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SHAMSUDDIN ABBASI, J.—Applicant/accused
Sheroz son of Allah Bachayo
seeks post arrest bail in FIR No.71/2025,
registered at P.S. SITE-B, Karachi for offence under sections 397, 34, PPC,
after rejection of his bail plea by learned Additional Sessions Judge-I, Karachi
West vide order dated 29.03.2025.
2. In the instant case, it is alleged that
applicant and his two accomplices forcibly snatched cash Rs.35,000/-, CNIC,
driving license, ATM Card, wallet, vehicle registration documents and touch
screen mobile phone from complainant Sikandar son of Aurangzaib and escaped away. Applicant was arrested in FIR
No.139/2025 under sections 353, 324, 34, PPC of P.S. Sohrab
Goth and during interrogation he confessed that he is involved in this case. Hence the subject FIR.
3. Learned counsel for applicant submits
that applicant was arrested in another FIR and during interrogation he has made
extra-judicial confession before police regarding his involvement in the present
case, however, nothing incriminating material has been recovered from his
possession, therefore, his case calls for further inquiry in terms of section
497(2), Cr.PC.
4. On the other hand, learned Additional
Prosecutor General Sindh has opposed for grant of bail on the ground that applicant
has confessed his guilt before police about his involvement in the present
case, however, she admits that no incriminating material has been recovered
from his possession. She further submits that as per CRO, therefore is no other
case against the applicant except aforementioned two cases.
5. Heard learned counsel for applicant as
well as Additional Prosecutor General Sindh and perused the material available
on record.
6. Admittedly, alleged offence does not
fall within the ambit of prohibitory clause of Section 497, Cr.PC.
It is settled by now that in such like cases, rule 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). So far as the
merits of the case are concerned, there is no identification parade and the
only piece of evidence against the applicant is extra judicial confession
before police, which is inadmissible in law. In
the case of ZIAUL REHMAN V/S THE STATE (2000 SCMR 528) the Hon'ble
Supreme Court has held that extra-judicial confession alone without any
corroboration is not sufficient to maintain any conviction thereon.
7. In view of above,
applicant Sheroz son of Allah Bachayo
is admitted to post arrest bail, subject to furnishing solvent surety in the
sum of Rs.100,000/- (Rupees one hundred
thousand) and P.R. bond in the like amount to the satisfaction of trial
Court.
8. Needless to mention here
that observations made hereinabove are tentative in nature and the same would
not prejudice the case of either party at trial.
9. Instant criminal bail
application is disposed of in the above terms.
J U D G E
Gulsher/PS