IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-431 of 2018

Applicant               :                Bhooro son of Haroon Derkhani

Through Mr.Muhammad Aslam Mugheri, Advocate

State                    :                  Through Mr.Raja Imtiaz Ali Solangi, A.P.G.

                                                Complainant Iqbal Ahmed in person

Date of hearing   :                  17.09.2018

Date of order      :                  17.09.2018

O R D E R

IRSHAD ALI SHAH, J.- The facts in brief necessary for disposal of the instant application are that complainant Iqbal Ahmed and his brother Muhammad Gul being Chowkidars at Godown of Yasin Rice Mill, were kept under wrongful restraint by the applicant and others and then were robbed of 30 bags containing Grams lying in the Godown and mobile phone, for that the present case was registered.  

2.                On having been refused bail by learned 1^st Additional Sessions Judge, Jacobabad, the applicant has sought for the same from this Court by way of instant application under section 497 Cr.PC.

3.                It is contended by learned counsel for the applicant that he being innocent has been involved in this case falsely by the complainant party, there is delay of about seven days in lodgment of the FIR and recovery of the robbed property has been foisted upon the applicant. By contending so, he sought for release of the applicant on bail as according to him his case is calling for further enquiry.

4.                It is contended by the complainant that neither the FIR was read over to him by the police nor he named the applicant before the police. By contending so, he raised no objection to grant of bail to the applicant by filing such affidavit, which is taken on record.

5.                Learned A.P.G did not oppose to grant of bail to the applicant.

6.                I have considered the above arguments and perused the record.

7.                There is delay of about one day in lodgment of the FIR even after issuance of such direction by learned Ex-Officio Justice of Peace, having jurisdiction, such delay could not be lost sight of in the circumstances of the case. Complainant Iqbal Ahmed now by filing his affidavit has raised no objection to grant of bail to the applicant by stating therein that neither the FIR was read over to him by the police nor he named the applicant before the police. In these circumstances, the applicant could not be denied concession f bail on point of recovery alone, which is allegedly to be foistatoin. Indeed, the guilt of the applicant is calling for further enquiry.

8.                In view of facts and reasons discussed above, the applicant is admitted to bail subject to furnishing surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

9.                The instant application is disposed of accordingly.

                                                                            J U D G E