ORDER-SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl. Bail Appln. No. S- 124 of 2018.
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Date of hearing |
Order with signature of Judge |
09.04.2018.
Mr. Abdul Rehman A. Bhutto, Advocate for applicant.
Mr. Sharafuddin Kanhar, A.P.G.
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Amjad Ali Sahito, J: Through this application, applicant Yousif Ali son of Bhooro Mazari seeks his admission to post-arrest bail in Crime No.73/2017 registered with Police Station Guddu (District Kashmore @ Kandhkot), for offences punishable under Section 412 P.P.C. Earlier, bail plea of the applicant has been declined by learned Sessions Judge, Kashmore @ Kandhkot, vide his Order dated 29.01.2018.
The facts of the prosecution case are that, ASI Mukhtiar Ali Choliyani lodged report on behalf of the State, alleging therein that on 25.12.2017, he in company of other police staff left police station vide entry No.8 for patrolling purpose and during patrolling after receipt of spy information reached near Chhini Ferry at 1300 hours, where they saw that accused Yousif, Naboo, Ali Dost and Guloo were taking away robbed buffalo and cow of Crime No.72/2017 under Section 395 P.P.C. It is further alleged in the F.I.R that all the accused except present applicant made their escape good from, while applicant was arrested by police party and from his possession one cow, one buffalo and two kilograms of charas were recovered. As such above F.I.R was lodged.
Learned counsel for the applicant mainly contended that the applicant is innocent and he has been implicated in this case with malafide intention and ulterior motives; that the story as set out in the F.I.R does not appeal to a prudent mind. Learned counsel further submitted that the applicant already stands acquitted from the main connected case (F.I.R No.72/2017 of P.S Guddu, under Section 395 P.P.C). Learned counsel has produced on record certified copy of the aforesaid judgment with his statement. Lastly, he prayed for grant of bail to applicant.
On other hand, learned A.P.G. opposed grant of application on the grounds that the applicant is nominated in F.I.R and at the time of his arrest the robbed property, i.e. buffalo and cow has been recovered, which fully connects him with commission of the offence, which falls within prohibitory clause of Section 497 Cr.P.C.
I have heard the learned counsel for the parties and gone through the available record.
The narration of F.I.R to the effect that the applicant/ accused while taking the cow and buffalo was having wrapped charas with his waist, do not appeal to a prudent mind, as such the case requires further probe into the guilt of the applicant/ accused. Per F.I.R the allegation against applicant is that, at the time of his arrest, the property obtained by dacoity in Crime No.72/2017 P.S Guddu, i.e. a cow and a buffalo was recovered from his possession. It is matter of record that the applicant has been acquitted from the aforesaid case of dacoity vide judgment dated 27.02.2018 passed by learned Assistant Sessions Judge, Kashmore, as such it would be seen after the trial whether the robbed/ stolen property was recovered from possession of the application or not. When, the applicant has been acquitted in the companion / main case after a full-fledged trial, as such the recovery of a cow and buffalo, which is shown to be case property of the aforesaid offence, becomes doubtful.
In view of the above facts and circumstances, the case of applicant falls within ambit of subsection (2) of Section 497 Cr.P.C, entitling him to concession of bail. Accordingly, instant bail application stands allowed. The applicant is admitted to bail upon his furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand rupees) and P.R in the like amount to the satisfaction of trial Court.
Needles to mention here that the assertions made hereinabove are tentative in nature and would not influence the trial Court while deciding the case on merits.
JUDGE
Ansari/*