SHC grants bail to businessman, guard in DHA assault case

The Sindh High Court on Thursday granted bail to a businessman and his guard in the DHA assault case, observing that the trial court would be competent to cancel their bail if they misused the concession.

Mohammad Salman Farooqui and Awais Hashmi were arrested for beating and threatening a motorcyclist, Dheeraj, in the presence of his sister in the DHA area when his motorcycle hit the vehicle of Farooqui.

According to the prosecution, eyewitnesses’ account and a viral video show that Farooqui and his guard beat up and threatened the motorcyclist after a minor collision between Farooqui’s Land Cruiser and the motorcycle while holding him at gunpoint.

The video shows that the victim’s sister requested the attackers not to beat his brother but the assailants continued the assault and pushed her away. The complainant, Muhammad Saleem, who witnessed the incident on May 31 near Ittehad Commercial, said that the victim was illegally confined inside the vehicle, abused, and threatened. He filed the report as a concerned citizen and urged authorities to take legal action.

The complainant however filed a statement in the court, stating that he would have no objection if the applicants were granted bail. The victim also filed his statement submitting that the instant FIR was lodged without his consent and an affidavit of no objection certificate was also filed by him with his own free will without any pressure, coercion or threats.

A single bench headed by Justice Arshad Hussain Khan, after perusal of the statements of the complainant, victim and no objection affidavit, observed that the case of applicants calls for further inquiry under the CrPC.

The court further observed that the record shows that applicants are not previous convicts or hardened criminals; besides, they had been behind bars since their arrest and were no more required for any investigation.

The high court observed that the prosecution has not claimed any exceptional circumstances which could justify keeping them behind bars for an indefinite period pending determination of their guilt.

The court taking in view of the affidavits and statements filed by complainant and the victim granted bail to the applicants for a surety of Rs100,000 each. It however made it clear that any observation in the order shall be tentative in nature and shall not affect the determination of the facts at the trial or influence the trial court in reaching its decision on merits of the case.

The high court also made it clear that if, during the proceedings, the applicants misuse the bail, the trial court would be competent to cancel their bail without making any reference to the court.

The additional district and sessions court (South) had earlier dismissed the bail of the applicants, observing that there were reasonable grounds to believe that the applicants/accused would influence the investigation and possibly tamper with evidence because the influence and power of the main accused presented a real and not a speculative threat to the course of justice.