ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail Application No. S – 296 of 2018

DATE ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application

17.09.2018

Mr. Mansoor Hussain Maitlo Advocate a/w Applicant

Mr. Afzal Hussain Talpur, APG for the State

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Through instant bail application, the applicant/accused Waseem Raja has sought pre-arrest bail in Crime No.70/2018 registered at police station Kandiaro, District Naushahro Feroze for offences under Sections 457 and 380 PPC.

The facts as per FIR registered by Liaquat Ali Rind, Principal Baharia Foundation College, are that one Waseem Raja was posted as Accountant in the School who used to collect the monthly fees of the students of the College and keep the same with him in the office and on 01.05.2018 in the morning, he (complainant) calculated the fees of the students with Waseem Raja at that time Syed Rajib Ali Shah who is posted as Administrator and Zahid Ali Pirzada who is posted as Assistant in the College the total collected fees on calculation became Rs.11,37,788/- and that amount was put in the Almirah lying in the office of Waseem Raja in their presence, when the college hours were over, Waseem Raja went to his village and0 at about 12:00 noon, he checked the Amirah in presence of the abovenamed witnesses, its lock was broken and the entire amount was missing and have been stolen away, hence on the next date, they went and approached Waseem Raja at his village who admitted his guilt and asked the complainant that he would pay the amount in installments and ultimately refused, hence such FIR was lodged.

Learned counsel submits that the applicant is innocent and he has been falsely implicated in this case by the complainant as none of the eyewitnesses have seen the applicant while committing such theft of the amount lying in the office Almirah. He further contends that the alleged incident is said to have taken place on 01.05.2018 which is a public holiday, therefore, on the holiday nobody can enter or attend the office, therefore, the story setup by the complainant is false, manufacture, hence the innocent of the present applicant cannot be ruled out. He further contends that there is inordinate and unexplained delay of 04 days in lodgment of the FIR, which goes to show that it has been lodged after due deliberations and consultations, whereas, the story seems to be false as the complainant has stated in the FIR that they checked the amount in absence of the applicant. He, therefore, prayed that the interim pre-arrest bail earlier granted may be confirmed. Learned APG on the other hand opposed the grant of pre-arrest bail to the applicant/accused.

I have heard the learned counsel for the applicant/accused, learned APG for the State and have perused the record. Admittedly the applicant has been nominated in the FIR, as the lucrative amount of Rs.11,37,788/- have been stolen from the office Almirah which was in the possession and custody of the present applicant/accused. Furthermore, the amount was calculated in presence of the present applicant/accused and it was kept in the Almirah and it was locked. There is delay of about 04 days in lodgment of the FIR, which has been properly explained by the complainant in the FIR, stating that when in presence of the witnesses he checked the amount which were missing and have been stolen away by the present applicant, he approached him at District Dadu, where he admitted his guilt and agreed for return of the amount in installments, but thereafter he refused, hence the FIR was lodged against him. The nature of the offence is serious, because the applicant being custodian of the amount which was lying in his possession duly collected fees of the students of the College, but he has committed theft, as such he is not entitled for such extra ordinary concession of pre-arrest. In view of the above, the applicant failed to make out a case for grant of pre-arrest bail, the interim order granted to him dated 22.05.2018 is hereby recalled and the bail application stands dismissed.

Judge

ARBROHI