1377/2024 Cr.Bail IMTIAZ S/O MEHBOOB ALI & ANOTHER (Applicant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 15-JUL-24
Keeping in view the peculiar facts and circumstances of the present case, the possibility cannot be ruled out that the applicants have been involved in the cases by throwing a wider net by the Police under the garb of the pretext that the applicants are professional car snatchers. Mere allegations are no grounds to decline bail for an accused. It is now established that while granting post and pre-arrest bail, the merits of the case can be touched upon by the Court. Reliance is placed on Miran Bux Vs. The State (PLD 1989 SC 347), Sajid Hussain @ Joji Vs. The State (PLD 2021 SC 898), Javed Iqbal Vs. The State (PLD 2022 SCMR 1424) & Muhammad Ijaz Vs. The State (2022 SCMR 1271). Even otherwise the offense does not attract the prohibitory clause of section 497(1), Cr.P.C. Thus the case calls for further probe, in the peculiar facts and circumstances of the case and the dicta laid down by the Supreme Court of Pakistan in the case of Tanveer v. The State and another (PLD 2017 SC 733), the case against the applicants requires further inquiry within the meaning of sub-section 2 to Section 497 Cr.P.C. Consequently, these bail applications are allowed and the applicants are allowed post-arrest bail in F.I.R No.182 and 183 of 2024, registered under Section 381-A PPC at Police Station Joharabad, Karachi, subject to their furnishing bail bonds in the sum of Rs.200,000 (Rupees two hundred thousand only) each in both cases and P.R Bond in the like amount to the satisfaction of the learned 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.
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