ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Bail Application  No.844 of 2010. _____________________________________________________

Date                             Order with signature of Judge

For hearing

      .10.2010.

Mr. Naeem Akhtar Khan Tanoli, Advocate for the Applicant

Ms. Muhammad Iqbal Awan, A.P.G a/w SI Ch. Waris Ali of PS Jackson (Investigation).

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            Being aggrieved by and dis-satisfied with the order dated 23.06.2010 passed by the learned IVth District & Sessions Judge (West) Karachi, in Sessions Case No.288 of 2009, arising out of F.I.R No.405/2007 under Section 302/34 PPC registered at P.S.  Jackson, Karachi West, whereby the bail application of the applicant was dismissed, the applicant has filed the instant bail application before this Court.

Brief facts for the purposes of disposal of the instant bail application are that on FIR No.405/2007 was registered by police, wherein it has been reported as under:-

“With reference to Report No.58 of Roznamcha Police Station Jackson which copy is as under. Now on helpline 15 from Kemari PC Muhammad Yaqoob 5967 informed on telephone that one Sher Ali Khan having Phone No.0300-2150334 informed that one dead body is lying in Street No.2 near Bilal Masjid, Haji Camp. Information was registered, ASI Muhammad Afzaal of FIA was sent on spot in government mobile. I ASI Muhammad Nawaz, Duty Officer is going on the spot. Through telephone, SHO was also informed. Charge of Police Station was handed-over to ASI Muzaffar Hussain. Locks are empty.”

Charge Sheet in the instant case was submitted in Court on 19.3.2010, wherein it has been mentioned that on 22.2.2010, one SI Malik Nazeer of CID Civil Lines through phone reported an entry that the applicant/accused is arrested in some other crime whereafter, after interrogation, the applicant has been implicated in the instant crime.

It is inter alia contended by the learned counsel for the applicant that neither the applicant/accused is nominated in the FIR nor any role has been assigned, whereas the applicant/accused has been implicated in the instant FIR by the police on 22.02.2010 after a lapse of about three years from the date of alleged incidence. Per learned counsel, there are no eye-witnesses of the alleged incidence. Moreover, no incriminating material, whatsoever, has been recovered from the applicant/accused connecting him with the instant crime. Per learned counsel, the applicant/accused has been implicated in a blind FIR and is behind the bar for the last three years. Learned counsel argued that the applicant is entitled to bail.

Learned A.P.G alongwith SI Ch. Waris Ali of P.S. Jackson (Investigation), in view of the peculiar facts and circumstances of this case, have given their no objection to the grant of bail to the applicant.

I have heard the learned counsel for the applicant as well as learned A.P.G and perused the record of the case. It appears that the applicant/accused has been implicated in a blind FIR after a period of about three years of the incidence, whereas no incriminating material against the applicant/accused has been found. There is no eye-witness of the alleged incidence, whereas the applicant/accused is behind the bar for more than three years. Under the facts and circumstances of the case, the prosecution story appears to be doubtful and requires further inquiry into the matter. Moreover, the learned APG as well as I.O of the case have also given their no objection for the grant of bail to the applicant/accused. Accordingly, vide short order dated 6.9.2010 the applicant/accused was admitted to bail subject to furnishing surety in the sum of Rs.200,000/- with P.R bond in the like amount to the satisfaction of trial Court and these are the reasons for short order.

The instant Cr. Bail Application stands disposed of in the above terms.

                                                                                                             J U D G E