ORDER SHEET
IN THE HIGH COURT OF SINDH
AT KARACHI
Cr. B. A. No.1018 of 2015
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DATE ORDER WITH SIGNATURE(S) OF
JUDGE(S)
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1) For orders on CMA No.5675/2015
2) For Katcha
Peshi
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13.08.2015
Mr. Muhammad Farooq,
Advocate for applicant
Mr. Abrar
Ali Khichi, A.P.G.
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Applicant/accused Muhammad
Aslam seeks post-arrest bail in F.I.R. No.248/2015 registered at P.S. Kharadar under sections 419,
420, 468, 471 PPC.
Bail application was moved on
behalf applicant/accused before the learned 1st Judicial Magistrate,
Karachi South, the same was rejected vide order dated 06.07.2015, thereafter,
applicant/accused approached learned II Additional Sessions Judge, Karachi
South for the same relief but it was declined vide order dated 14.07.2015.
Thereafter, applicant/accused approached this Court.
Mr. Muhammad Farooq, learned advocate for applicant/accused has mainly
contended that applicant/accused was serving in KESC
and no fraud whatsoever has been committed by him. He submitted that no PW has
been examined by the prosecution with whom fraud has been committed by the
applicant/accused. He has further argued that investigation is complete and
challan has been submitted. He lastly contended that alleged offence does not
fall with the prohibitory clause of section 497(2) Cr.PC. In support of his
contentions he has relied upon the cases reported as Muhammad Hussain Shah
versus the State [2014 YLR 1984 (Sindh)], Syed Azhar Abbas Rizvi and another
versus the State (2012 MLD 1966 and Abdul Qayyum versus the State (2010 MLD
1251).
Mr. Abrar
Ali Khichi, learned Assistant Prosecutor General
Sindh, has argued that applicant/accused has used card of one Abdul Wahab by tampering it and he has committed fraud. He has
submitted that sufficient material has been collected against applicant/accused
and he has opposed the bail application.
I have carefully heard the
arguments of learned counsel for the parties and perused the record. I am
inclined to grant bail to the applicant/accused for the reasons that no person
has been examined during the investigation with whom
fraud has been committed by the applicant/accused. Regarding using of card of
Abdul Wahab yet it is to be established by the
prosecution at the trial as plea has been raised by applicant/accused that he
was serving in KESC and he was issued card by the
department. Investigation is complete accused is no more required, case has
already been challaned, alleged offence does not fall
within the prohibitory clause of section 497 Cr.PC. It is settled law that in
such cases grant of bail is a rule and refusal is an exception. No exception
can be granted in this case. Rightly reliance has been placed on the aforesaid
authorities. Prima facie, applicant/accused has made out a case for grant of
bail as the case of applicant/accused requires further inquiry as contemplated
under section 497(2) Cr.PC. Applicant/accused Muhammad Aslam son of Rasool Bux is admitted to bail
subject to furnishing solvent surety in the sum of Rs.200,000/- and P.R. bond in the like amount to the
satisfaction of the trial Court.
Needless to mention here that
the above observations are tentative in nature, the trial Court shall not be
influenced by the same while deciding the case of applicant/accused on merits.
JUDGE
Gulsher/PA