IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.3383 of 2025
[
Pervaiz Ali son of Agan
versus The State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
orders on office objection
For
hearing of bail application
-----------------------------------------------------
29.01.2026
Mr. Habib-ur-Rehman Jiskani and Ms. Safia Lakho, advocates for applicant
Mr.
Sharafuddin Kanhar, APG a/w SIP Nasim
Khan of PS Shah Latif Town
Complainant
in person
-------------------------------------------
SHAMSUDDIN
ABBASI, J.- Applicant/accused Pervaiz Ali son of Agan seeks
post arrest bail in FIR No.1313/2025, registered at P.S. Shah Latif Town, Malir Karahi for offence under sections 147, 148, 149, 452,
337-A(i), 354, 114, PPC, after rejection of his bail plea by learned Additional
Sessions Judge-III, Malir, Karachi vide order dated
25.11.2025.
2. Brief
facts of the prosecution case are that on 04.09.2025 at 11:20 p.m. when
complainant was present in his house along with inmates, when the applicant
along with co-accused, who were armed with dragger, hammer and pistol, entered
the complainant’s house and accused Bakht Ali, who
was armed with dragger and Juman, who was armed with
hammer, caused dragger and hammer blows to him whereas applicant was shown
armed with pistol but no specific role has been assigned to him.
3. Learned
counsel for applicant submits that specific role has been assigned to
co-accused Bakht Ali and Juman,
who caused injuries to the complainant and no specific role
has been assigned to the applicant; that mere sharing of common intention has
been alleged against him, which requires further inquiry in terms of Section
497(2), Cr.PC.
4. Learned
A.P.G. and complainant, who is present in person, have opposed for grant of
bail on the ground that applicant is nominated in FIR and he shared common
intention with co-accused, therefore, he is not entitled for grant of bail.
5. Heard
learned counsel for applicant, complainant in person as well as learned A.P.G.
and perused the material available on record.
6. Admittedly,
the specific role of causing injuries to the injured/complainant has been
assigned to co-accused Bakht Ali and Juman and mere presence of applicant has been shown at the
scene of offence. In my humble view, sharing of common intention in the
commission of offence requires further inquiry in terms of Section 497(2), Cr.PC. It is settled proposition of law that merits of the case
cannot be considered at bail stage as held by the Supreme Court of Pakistan in
the cases of Muhammad Ramzan versus Zafrullah (1986 SCMR 1380) and Muhammad Ijaz
versus The State (2022 SCMR 1271). In view of such position, post arrest bail
is granted to applicant above named, subject to furnishing solvent surety in
the sum of Rs.100,000/- (One hundred thousand) and
P.R. Bond in the like amount to the satisfaction of the trial Court.
7. Needless
to mention here that the observations made hereinabove are tentative in nature,
the same would not influence the trial Court while deciding the case of the
applicant/accused on merits.
8.
Instant criminal bail application
is disposed of in the above terms.
J U D G E
Gusher/PS