| Citation(s) |
|---|
| 2026 SLD 2547 = 2026 SHC 601 |
Sindh High Court
Criminal Bail Application No.3137 of 2025 ,Criminal Bail Application No.2327 of 2025
Presented By: Jan Ali Junejo, J
Applicants : Muhammad Rehan @ Kaka S/o. Naik Zaman Through: Mr. Muhammad Naseeruddin, Advocate Moinuddin S/o. Abdul Malik, Through: M/s. Chand Bibi and M. Arsalan Hussain, Advocates Complainant : Mujahid Hussain, Through: Mr.Muhammad Jawaid Tanoli, advocate The State : The State: Through Mr. Zahoor Shah, Additional Prosecutor General, Sindh Date of hearing : 20.02.2026 Date of Order : 12.03.2026
Criminal Bail Application No.3137 of 2025 ,Criminal Bail Application No.2327 of 2025
Presented By: Jan Ali Junejo, J
Applicants : Muhammad Rehan @ Kaka S/o. Naik Zaman Through: Mr. Muhammad Naseeruddin, Advocate Moinuddin S/o. Abdul Malik, Through: M/s. Chand Bibi and M. Arsalan Hussain, Advocates Complainant : Mujahid Hussain, Through: Mr.Muhammad Jawaid Tanoli, advocate The State : The State: Through Mr. Zahoor Shah, Additional Prosecutor General, Sindh Date of hearing : 20.02.2026 Date of Order : 12.03.2026
MOINUDDIN S/O ABDUL MALIK
VS
THE STATE Sindh High Court, Karachi
Law: Qanun-e-Shahadat Order, 1984
Section: 43
Law: Code of Criminal Procedure, 1898
Section: 497(1), 497(2), 161
Law: Pakistan Penal Code (PPC),1860
Section: 365, 302, 34
Law: Prevention of Trafficking In Persons Act, 2018
Section: 3, 4
Summary The Court decided two post-arrest bail applications arising from the same FIR involving the abduction and murder of a minor. Applicant Muhammad Rehan was specifically alleged to have fired the fatal shots, with recovery of a 9mm pistol, medical evidence, and witness statements supporting the prosecution's case. His bail was refused as the case fell within the prohibitory clause and did not warrant further inquiry. Applicant Moinuddin, however, had no specific role attributed to him, no recovery was made from him, and Call Detail Records suggested he was elsewhere at the relevant time. The Court held that his case required further inquiry and granted him bail subject to surety. Sections Used Article 43, Qanun-e-Shahadat Order, 1984 Section 497(1), Cr.P.C. Section 497(2), Cr.P.C. Section 161, Cr.P.C. Sections 365 & 302, Pakistan Penal Code (PPC) Section 34, Pakistan Penal Code (PPC) Sections 3 & 4, Prevention of Trafficking in Persons Act, 2018 Two 2-Word Descriptions Post-Arrest Bail Murder Prosecution O R D E R Through this common order, I intend to decide Criminal Bail Application No.3137 of 2025 filed by applicant Muhammad Rehan @ Kaka and Criminal Bail Application No.2327 of 2025 filed by applicant Moinuddin, arising out of the same FIR No.198/2025 registered at P.S. Docks, District Keamari. Both applicants seek post-arrest bail under Section 497 Cr.P.C., after their bail applications were declined by the learned Xth Additional Sessions Judge, Karachi West vide orders dated 31.10.2025 and 06.08.2025 respectively. Briefly, the complainant Mujahid Hussain lodged FIR on 16.04.2025 stating that on 14.04.2025 at about 6:00 p.m., his nephew Rajab Ali, aged about 16 years, left home to purchase grocery items but did not return. After search and inquiry, FIR was registered against unknown persons under Sections 365/34 PPC and Sections 3/4 of the Prevention of Trafficking in Persons Act, 2018. During investigation, both present applicants along with co-accused were implicated. It is alleged that the accused persons abducted the minor, subjected him to unnatural offence, and thereafter caused his death by firearm.…