IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.3281 of 2025
[
Muhammad Bilal Malik versus The State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
-----------------------------------------------------
06.02.2026
Mr.
Dodo Khan alias Deedar Ali Pirzada, advocate a/w
applicant/accused
Mr. Sharafuddin
Kanhar, APG & Ms. Rukhsana
Qassim Mirjat, ADPP
SP Usman,
PI ALi Gohar, DSP Syed Asif, PI Sharif Meo
-------------------------------------------
Applicant
Muhammad Bilal Malik son of Asif Mehmood
seeks pre-arrest bail in FIR No.1170/2025, registered at P.S. Shahrah-e-Faisal, Karachi, for offence under Sections 324,
34, PPC, after rejection of his bail plea by learned Additional Sessions Judge-IV,
Karachi East vide order dated 11.11.2025.
It
is alleged in the FIR that present applicant had fired 5/6 pistol shots upon
complainant out of which two bullets hit to the complainant at his left foot
and left leg near thigh, hence the subject FIR.
Learned
counsel for applicant submits that the applicant is innocent and he has been
falsely implicated in this case due to mala fide intention and ulterior motive;
that alleged offence does not fall within the prohibitory clause of Section
497, Cr.PC on the ground that injured sustained
firearm injures at his foot and leg, which are not the vital parts of body,
therefore, applicability of Section 324, PPC requires further inquiry in terms
of Section 429(2), Cr.PC.; that there is monetary
dispute between the parties, hence he prays for grant of bail.
On
the other hand, learned A.P.G., has opposed for grant of bail on the ground
that applicant is nominated in FIR, he has repeated 5/6 fire shots upon the
complainant, out of which two hit the complainant at his foot and leg, which
brings the case of applicant within the ambit of prohibitory clause of Section
497, Cr.PC; that five empties were collected from the
place of incident; that according CRO of applicant there are five FIRs
registered against him, hence the applicant is not entitled for extra-ordinary
relief as prayed for. Learned A.P.G. has relied upon the cases reported in 2016
SCMR 2064 (Mukhtar Ahmed vs
he state & Others) and 2024 PCr.LJ
940 (Ataullah versus the State).
Heard learned counsel for applicant as well as learned A.P.G.
and perused the material available on record.
Admittedly, the applicant/accused is nominated in FIR
with specific role of causing firearm injuries to the complainant at his left
foot and left leg near thigh; that the applicant had repeated fire shots upon
the complainant; that ocular version is corroborated with medical evidence,
which brings the case of the applicant within the ambit of prohibitory clause
of Section 497, Cr.PC; there is CRO of the applicant,
which shows that he is involved in fire other FIRs; that this is a pre-arrest
bail and the applicant has to established the mala fide on the part of the
complainant for his false implication in this instant case, which he failed to,
as observed by the Supreme Court of Pakistan in the cases 2020 SCMR 249 (Gulshan Ali Solangi versus the
State) and 2021 SCMR 1305 (Zarai Taraqiati
Bank Limited versus Sarfaraz Khan Jadoon).
Therefore, interim pre-arrest bail granted to the applicant by this Court vide
order dated 27.11.2025 is recalled and instant criminal bail application is dismissed.
The observations made
herein above are tentative in nature, the same would
not prejudice the case of either party at trial.
The instant
criminal bail application is accordingly disposed
of.
J
U D G E
Gulsher/PS