| Citation(s) |
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| 2025 SLG 5527 2025 SLD 5527 = 2025 YLR 1805 |
Sindh High Court
Criminal Bail Applications Nos. 07, 79, 89, 102, 136 and 178 of 2025, decided on 21st February, 2025.
Before Shamsuddin Abbasi, J
Muhammad Munsif Jan and Muhammad Imran for Applicant (in Criminal Bail Applications Nos. 07 and 178 of 2025). Mian Haad A.M. Paggawala for Applicants (in Criminal Bail Application No. 79 of 2025). Raj Ali Wahid Kunwar for Applicants (in Criminal Bail Application No. 89 of 2025). Shaukat Hayyat, Syed Muhammad Abdul Kabir and Ms. Amna Magsi for Applicants (in Criminal Bail Application No. 102 of 2025). Mumtaz-ul-Hassan for Applicants (in Criminal Bail Application No. 136 of 2025). Irshad Ali, DAG along with Muhammad Junaid Hasan, Inspector/I.O. FIA AntiCorruption Circle, Karachi for the State.
Criminal Bail Applications Nos. 07, 79, 89, 102, 136 and 178 of 2025, decided on 21st February, 2025.
Before Shamsuddin Abbasi, J
Muhammad Munsif Jan and Muhammad Imran for Applicant (in Criminal Bail Applications Nos. 07 and 178 of 2025). Mian Haad A.M. Paggawala for Applicants (in Criminal Bail Application No. 79 of 2025). Raj Ali Wahid Kunwar for Applicants (in Criminal Bail Application No. 89 of 2025). Shaukat Hayyat, Syed Muhammad Abdul Kabir and Ms. Amna Magsi for Applicants (in Criminal Bail Application No. 102 of 2025). Mumtaz-ul-Hassan for Applicants (in Criminal Bail Application No. 136 of 2025). Irshad Ali, DAG along with Muhammad Junaid Hasan, Inspector/I.O. FIA AntiCorruption Circle, Karachi for the State.
AZEEM JAVED and others---Applicants
VERSUS
The STATE---Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 406,409,420,468,471,109
Law: Prevention of Corruption Act, 1947
Section: II,5(2)
Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss. 406, 409, 420, 468, 471 & 109--Prevention of Corruption Act (II of 1947), S. 5(2)---Criminal breach of trust, cheating, using forged documents and misconduct---Bail, grant of---Case not falling in prohibitory clause---Tentative assessment of evidence---Benefit of doubt---Accused persons sought their bail after arrest on the plea that offences were not covered under prohibitory clause of S. 497, Cr.P.C.---Validity--- Court cannot go beyond the facts of the case and has to restrict itself to the material placed by prosecution---For the purpose of disposal of bail application tentative assessment is to be made and no deeper appreciation is allowed---In cases where reasonable doubt arises with regard to implication of accused in a crime he should not be deprived of such benefit even at bail stage---Case did not fall in prohibitory clause of S.497(1) Cr.P.C. nor the authorities could show any such circumstance or conduct of accused persons that would bring their case under exception to the rule of granting bail in such offences---Guilt of accused persons was yet to be determined at trial--- Investigation was completed and interim challan was submitted--- There was no indication that accused persons would either interfere in investigation or tamper with evidence--- No useful purpose would be served by keeping accused persons in jail--- Bail was allowed, in circumstances.Riaz Jafar Natiq v. Muhammad Nadeem Dar and others 2011 SCMR 1708; Tariq Bashir v. The State PLD 1995 SC 34; Zafar Iqbal v. Muhammad Anwar 2009 SCMR 1488 and Muhammad Tanveer v. The State PLD 2017 SC 733 rel.ORDERSHAMSUDDIN ABBASI, J.---Having been unsuccessful in securing bail from the trial Court in Crime No. in Crime No.40 of 2024 registered at Police Station FIA ACC, Karachi, for the offences punishable under Sections 406, 409 (added through interim charge sheet), 420, 468, 471 and 109, P.P.C read with Section 5(2) of PCA, 1947, the applicants have approached this Court for their release on bail.2. First Information Report in this case has been lodged on the basis of an enquiry conducted by…