Case Details

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.

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 :

SectionDescription
386 PPCExtortion by putting a person in fear of injury
324 PPCVoluntarily causing hurt by dangerous weapons
395 PPCDacoity (robbery with violence)
435 PPCMischief by fire or explosive substance
427 PPCMischief causing damage
337H(2) PPCCausing hurt by act done with a weapon
Cr.P.C Section 497Procedure for post-arrest bail

 

O R D E R

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