IN THE HIGH COURT OF SINDH, KARACHI
Criminal Bail Application No. 1809 of 2024
__________________________________________________________________
Date Order with signature of Judge
Applicants : through Mr. Muhammad Umar Panhwar,
1. Hassan Alam Advocate
son of Noor Alam
2. Muhammad Rashid
son of Allauddin
(present on bail)
The State : Through Mr. Saleem Akhtar Buriro, Addl.
Prosecutor General, Sindh along with SIP
Mushtaq of P.S Mominabad, Karachi
Date of hearing : 07.10.2024
Date of order : 07.10.2024
ORDER
Muhammad Saleem Jessar, J:- Through this application, applicants Hassan
Alam and Muhammad Rashid seek their admission to pre-arrest bail in
Crime No.339 of 2024 registered with Police Station Mominabad, Karachi,
for the offences punishable to Section 147, 148, 149, 353 & 186 PPC.
The applicants preferred their anticipatory bail before the Court of Sessions
wherefrom it was assigned to Addl. Sessions Judge-XII, Karachi (West) vide
Criminal Bail Application No.3157 of 2024 (re-Hassan Alam and another
Versus The State), who after hearing the parties, has turned down their
request through order dated 29.07.2024; hence, instant bail application has
been maintained.
2. Since the facts of the prosecution case are already mentioned in the
FIR, which is annexed with the Court file, therefore, there is no need to
reproduce the same.
3. Learned counsel for the applicants submits that offence(s) with
which applicants have been charged, are bailable and in bailable offence
bail becomes right of the accused, therefore, prays for confirmation of the
bail.
Page 1 of 3
4. On the other hand, learned Addl. P.G, Sindh appearing for the State,
opposes the bail application; however, he could not controvert the fact that
offences with which accused stand charged, are bailable.
5. Heard arguments and perused record. No doubt, the applicants are
nominated in the FIR; however, the offences with which applicants have
been charged, are bailable. It is settled-cum-recognized principle of law that
grant of bail in bailable offence is the right of an accused even once bail
granted in bailable offence cannot be cancelled. Reference can be had from
the dicta laid down by Hon’ble Supreme Court of Pakistan in case of Mian
MAHMUD ALI QASURI AND OTHERS Versus THE STATE (PLD 1963
Supreme Court 478) whereby learned Bench had laid down esteemed dicta
in concluding para of the judgment which reads as under;)_
“…………The policy of the Code seems to be that in the case
of bailable offences the person accused has the indefeasible
right to grant of bail subject of course to satisfactory sureties
being offered, if sureties are considered necessary. There is
admittedly no provision in the Code permitting cancellation
of such a bail. Bail is not a mere privilege in such cases but a
right of the subject whose liberty is regarded as a precious
asset to the preserved undiminished………”
6. In instant case, though the offences are bailable and per settled
principle of law, grant of bail in bailable offences is indefeasible right of the
accused even then their request was turned down by the Court below on
flimsy grounds and such practice has not been approved by the superior
Courts.
7. I am also fortified with dicta laid down by the Hon’ble Supreme
Court of Pakistan in case of TARIQ BASHIR and 5 others Versus THE STATE
(PLD 1995 Supreme Court 34), which was again recognized and maintained
by the Hon’ble Supreme Court of Pakistan in case of MUHAMMAD
TANVEER Versus The STATE and another (PLD 2017 SC 733). In para-6 of
the order in case of Muhammad Tanveer (Supra), following dicta has been
laid down;_
“6. We are shocked and disturbed to observe that in cases of
this nature, not falling within the prohibition contained in
Page 2 of 3
section 497, Cr.P.C., invariably grant of bail is refused on
flimsy grounds. This practice should come to an end because
the public, particularly accused persons charged for such
offences are unnecessarily burdened with extra expenditure and
this Court is heavily taxed because leave petitions in hundreds
are piling up in this Court and the diary of the Court is
congested with such like petitions. This phenomenon is
growing tremendously, thus, cannot be lightly ignored as
precious time of the Court is wasted in disposal of such
petitions. This Court is purely a constitutional Court to deal
with intricate questions of law and Constitution and to lay
down guiding principle for the Courts of the country where law
points require interpretation.”
8. The case has been challaned which is now pending before the Court
of Civil Judge & Judicial Magistrate-XVIII, Karachi (West) where it is fixed
today for framing of charge.
9. In the circumstances and in view of dicta laid down in the cases
referred to above, case against the applicants requires further inquiry in
terms of subsection (2) to section 497 Cr.P.C. Consequently, instant bail
application is hereby allowed; interim bail granted earlier to applicants
Hassan Alam son of Noor Alam and Muhammad Rashid son of
Allauddin on 12.08.2024 is hereby confirmed on same terms and conditions.
10. Applicants present before the Court are directed to continue their
appearance before the trial Court without negligence and in case they may
misuse the concession or may temper with the prosecution’s evidence then
the trial Court would be competent to take legal action against them as well
to their surety(ies) in terms of Section 514 Cr.PC. Trial Court is also hereby
directed to make necessary arrangements for securing attendance of the
prosecution witnesses and conclude the trial within shortest possible time
under intimation to this Court through MIT-II.
11. Let copy of this Order be communicated to trial Court through
learned Sessions Judge, concerned. Learned MIT-II to ensure compliance.
JUDGE
Approved for Reporting
Zulfiqar/P.A
Page 3 of 3
