| Citation(s) |
|---|
| 2025 SLG 3381 2025 SLD 3381 = 2025 SHC 342 |
Sindh High Court, Sukkur Bench
Crl. Bail Application No.S-79 OF 2025
Ali Haider ‘Ada’, J.
Crl. Bail Application No.S-79 OF 2025
Ali Haider ‘Ada’, J.
Syed Jaffer Ali Shah, advocate for the applicant Syed Sardar Ali Shah, Addl. Prosecutor General for the State.
Law: Pakistan Penal Code, 1860
Section: 386 ,324,395,435,427,337H(2)
Law: Code of Criminal Procedure, 1898
Section: 497
Summary
The court granted post-arrest bail to Abdul Sattar in Crime No. 07 of 2024, under various sections of the Pakistan Penal Code (PPC), after considering the delay in FIR registration, prior bail in a related case, lack of specific role attribution, and the principle of presumption of innocence. The bail was granted subject to furnishing a solvent surety and personal bond. The court emphasized that this decision is tentative and will not influence the trial court's final judgement.
Core Points
- Applicant Abdul Sattar sought post-arrest bail in a dacoity case (Crime No. 07 of 2024).
- Earlier bail plea was declined but now reconsidered.
- Delay in FIR registration without explanation was noted.
- Prior post-arrest bail was granted in a related FIR involving serious charges.
- The applicant’s role was limited to holding a repeater firearm; no specific direct involvement in crime identified.
- The prosecution argued habitual offending and serious nature of offenses.
- The court applied the presumption of innocence and previous bail granted.
- Bail granted with surety of Rs. 100,000 and personal bond.
- Trial court’s authority and case merit remain unaffected by this bail.
Law and Sections :
| Section | Description |
|---|---|
| 386 PPC | Extortion by putting a person in fear of injury |
| 324 PPC | Voluntarily causing hurt by dangerous weapons |
| 395 PPC | Dacoity (robbery with violence) |
| 435 PPC | Mischief by fire or explosive substance |
| 427 PPC | Mischief causing damage |
| 337H(2) PPC | Causing hurt by act done with a weapon |
| Cr.P.C Section 497 | Procedure for post-arrest bail |
O R D E R