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Wednesday September 18, 2024

SHC seeks comments from prosecutor general, others on suspect’s bail plea

By Our Correspondent
September 17, 2024
The Sindh High Court building in Karachi. — SHC Website/File
The Sindh High Court building in Karachi. — SHC Website/File

The Sindh High Court (SHC) on Monday issued notices to the prosecutor general of the province and others on a bail application filed by the Karsaz accident suspect in a drug case.

The female suspect, who was booked by the police after the Karsaz accident in which a man and his daughter were killed and three other injured, are also facing charges of using drugs while driving.

The applicant’s counsel, Aamir Mansoob Qureshi, submitted that the FIR in the drug case was based solely on a chemical report indicating methamphetamine (ice) in her medical tests, which has nothing to with the accident case.

He submitted that the applicant had already been granted bail in the main case after the legal heirs of the two victims as well as two persons who were injured in the accident filed affidavits raising no objection to her bail.

He said that since the woman was booked in the main case lodged under sections 320, 337-G, 279, 427 read with Section 322 of Pakistan Penal Code and Section 100 of Provincial Motor Vehicles Ordinance 1965 at the same police station, there was no need to lodge the second FIR which was prohibited by superior courts.

He said that only one FIR should be registered for a single incident and implicating the applicant in another FIR was malafide and illegal. He requested the court to grant her bail as the main case had been settled out of court and the suspect had been behind bars since her arrest.

A high court single bench headed by Justice Mohammad Karim Khan Agha, after the preliminary hearing of the application, issued notices to the prosecutor general and others and called comments on September 30.

The court observed that the state is complainant in the case and directed Bahadurabad SHO to appear before the court along with the relevant police papers. Earlier, an additional sessions court dismissed the bail application of the woman as the court observed that though methamphetamine was found in the suspect’s urine samples and not blood samples, he could not find any ill will even on the part of a chemical examiner.

If he [chemical examiner] had had any little bit ill will then he would have also shown to have detected the intoxication substance in her blood samples for making the case stronger, the additional sessions court observed in its order.