1049/2024 Cr.Bail ALI HAIDER S/O JAVAID AHMED (Applicant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 08-JUL-24
Before deciding the post-arrest bail on merit, which is based on two versions one forwarded by the complainant present in court and the second by the investigating officer who challaned the case. However, I am cognizant of the fact that, while deciding a Bail Application, only allegations made in the FIR, statements recorded under Section 161 Cr.P.C. nature and gravity of the charge, other incriminating material against the accused, legal pleas raised by the accused and relevant law have to be considered. However, in the present case, the record reveals that the offense with which the accused/applicant has been charged is non-compoundable. However, in view of the statement of the complainant, as well as his affidavit of no objection, the case of the applicant/accused calls for further inquiry under sub-section (2) of Section 497 Cr.P.C. for the simple reason that the complainant does not wish to prosecute the accused and makes a categorical statement through his affidavit. As such, this Court Court has left no option but to see the version of the complainant, which is a paramount consideration at the bail stage, though the offense is not compoundable, however, the version of the complainant cannot be brushed aside at this stage. The record also shows that the applicant/accused is not a previous convict nor a hardened criminal as no record has been produced to the aforesaid effect. Moreover, he has been behind bars since his arrest and is no longer required for any investigation nor the prosecution has claimed any exceptional circumstance, that could justify keeping him behind bars for an indefinite period pending the determination of his guilt. Consequently, while taking into consideration the statement of the complainant before the Court and his affidavit, the applicant is admitted to post-arrest bail subject to his furnishing solvent surety in the sum of Rs.2,00,000/- (Rupees two lacs) and P.R. Bond in the like amount to the satisfaction of the trial court.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.