2001 PLP 2902 (YLR)

The present applicant is seeking bail in Crimes Nos.75 of 1995, 302, 324, 333, 34, P.P.C. registered with Police Station Nabi Bux, Karachi South. Mr. Shahadat Awan, learned counsel for the applicant submits that the present applicant has been sent up to face trial alongwith co-accused, namely, Shafiq alias Kalia, Habib alias Langra, Naeem alias Mulla, Abid, Gulzar, Rana Parvez, Ferozuddin alias Fauji and Saeed Bharam. According to him, the aforenamed co-accused Ferozuddin alias Fauji, who is main accused in the case, has been granted bail by the trial Court. In support of his contention, the learned counsel has filed certified copy of the Bail Application. He further contends that the present applicant has been implicated in the above case on the statement of aforenamed co-accused Ferozuddin alias Fauji and such statement is not admissible by virtue of Article 38 of Qanun-e-Shahadat. He has further submitted that as far as abscondence on the part of present applicant is concerned, he is not absconder as he has been residing at the address mentioned in the bail application and has been serving at Government Hospital of' Municipal Corporation, Karachi South for the last 2 years. Neither he received any notice from any Court or from any quarter. He has explained his position in his Bail Application and cannot be dubbed as absconder, as held by the Hon'ble Supreme Court, reported in 1985 SCMR 1709. On the other hand, Mr. Kazi Wali Muhammad, learned State Counsel has given his no objection to the grant of bail by contending that the name of the applicant does not appear in the F.I.R. but only piece of evidence collected by the prosecution against the applicant is in the shape of statement of co-accused Ferozuddin alias Fauji, which is not admissible under the law. I have given my anxious consideration to the submissions advanced by learned counsel for the parties at bar and have gone through the material available on record. Admittedly the name of the applicant does not appear in the FI.R. Admittedly the prosecution has collected the only piece of evidence against the present applicant in the shape of the statement of co -accused Ferozuddin alias Fauji, who has given the name of the present applicant before the police which is not admissible under Article 38 of Qanun-e-Shahadat. Admittedly co-accused Ferozuddin alias Fauji has been granted bail by the trial Court and I have gone through the impugned order passed by the trial Court. Since, co-accused Ferozuddin alias Fauji has been granted bail by the trial Court, the long abscondence became irrelevant in view of the authority given by the Hon'ble Supreme Court reported in 1985 SCMR

382. I am being fortified by the authority reported in 1985 SCMR 1709. In view of the aforementioned legal position and no objection given by the State Counsel, the present applicant has been able to make out a good prima facie case for the grant of bail, accordingly, applicant Naeem is granted bail in the sum of Rs.2,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./N-77/K Bail granted.