ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail Application No. 690 of 2012

                                                                                                                                                                               

                Date                                       Order with signature of Judge                                                           

 

  1. For orders on M.A. No. 4722/2012 (U/A).
  2. For orders on M.A. No. 4723/2012
  3. For hearing.

 

13th July, 2012.

Syed Ehsan Raza, Advocate for applicant 

Syed Qamar-ul-Hassan, Standing Counsel.

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The applicant has challenged the order dated 03.7.2012 passed by learned Special Judge Central-I, Karachi whereby the bail application under section 497 Cr.P.C. in crime No. 55 of 2011 under section 409/109 PPC read with section 5(2) PCA, 47, Police Station Railway Karachi Cantonment was rejected.

 

Brief facts of the matter are that a documentary video about Pakistan Railway affairs was telecast on 21.10.2011 on a private TV Channel SAMMA shown the present applicant in black ticketing alongwith other accused persons in suspicious activities at Second Class Hall, Karachi Cantonment Railway Station, whereafter a summary enquiry was conducted and in that inquiry the present applicant was found to be involved and consequently FIR was registered.

 

The applicant in the first instance approached this court through bail application No. 1213/2011 and got protective bail vide order dated 22.10.2011 where after applicant preferred pre-arrest bail before the Court of Special Judge Central-I, Karachi but his bail application was rejected on 01.11.2011. The applicant again approached this court to seek pre-arrest bail and this court granted interim pre arrest bail in the first instance and later recalled the same vide order dated 27.3.2012, thereafter applicant was arrested and since then he is in jail.

 

After his arrest the applicant applied before the trial court for grant of bail under section 497 Cr.P.C. which request has been declined vide order dated 03.7.2012 hence this application.

 

Learned counsel for the applicant submits that in the FIR no specific date and time of incident has been mentioned when the alleged offence has been occurred. He further stated that a documentary about the affairs of Pakistan Railways which was allegedly made in the month of August 2011 but telecast on 21st October, 2011 and the FIR has been lodged after the delay of two months i.e. in October 2011, which is against the norms of justice. He has further contended that the applicant has no concern with the affairs as alleged in FIR and the case has been foisted upon the applicant. The alleged FIR has been registered against the applicant without ascertaining the specific role of the accused regarding selling of tickets as the name of applicant/accused has been placed in Column No. 02 of the final Charge Sheet submitted before the trial Court, hence case falls within the purview of further enquiry under Section 497(2) Cr. P.C. In support of his submissions, learned counsel for the applicant has relied upon the cases reported as ABDUL RASHID V/S THE STATE (1994 MLD 1360), IBRAHIM V/S THE STATE (1969 P.Cr. L.J), MUHAMMAD FAZAL ALIAS BODI V/S THE STATE (1979 SCMR 9), KHADIM HUSSAIN V/S THE STATE (1983 SCMR 124), MUNIR AKBAR V/S THE STATE (1992 MLD 1428) and the case of MUHAMMAD BASHIR V/S THE STATE (2004 P.Cr. L.J 1000).  

 

On the other hand, the learned Standing Counsel opposed the grant of bail to the applicant/accused.  

 

It is an admitted position that both co-accused to whom main role has been assigned, have been admitted on bail by the Hon’ble Supreme Court of Pakistan in Criminal Petition for Leave to Appeal No. 36-K/2012. The name of present applicant is shown in Column-2 of charge sheet hence the contention raised by Learned Counsel that his case is on better footing is correct. Moreso, per departmental inquiry headed by Deputy Superintendent (B) Pakistan Railway Police, Hyderabad it has been observed that there was no incriminating evidence against the applicant/accused. In the judgment pronounced by their Lordships in the aforementioned appeal it is held that:-

“Upon careful perusal of the material placed on record and for the reasons that F.I.R. of the incident is delayed for over two months; except C.D. of SAMAA Television, there is no other evidence collected by the prosecution and its authenticity is yet to be determined; mala-fide involvement of the petitioners cannot be ruled out being on duty at the Railway Station Cantt. Karachi to check such illegal activities, we find it a fit case where both the petitioners are entitled for grant of pre-arrest bail. Accordingly, interim pre-arrest bail granted to them vide order dated 12.06.2012 is confirmed in the same terms. For this purpose, this petition is converted into appeal and allowed as such”.

 

 

Following the dictum as laid down by the Hon’ble Supreme Court in the aforementioned appeal by admitting the main accused on bail, the applicant/accused is admitted to bail subject to his furnishing surety in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) and P.R. Bond in the like amount to the satisfaction of Nazir of this Court.    

 

              J U D G E

 

 

Aamir/PS