IN
THE HIGH COURT OF SINDH,BENCH AT SUKKUR
Criminal Bail
Application No.S-18 of 2020
Applicant/accused : Gul
Khan S/o Chunan Chohan
Through Mr.
Alam Sher Bozdar, Advocate
The
State : Through
Mr. Abdul Rehman
Kolachi,
DPG
Date of Hearing : 10.02.2020
O
R D E R
ZULFIQAR ALI SANGI, J.- Through this bail application the applicant/accused
named above seeks post-arrest bail in Crime No.131 of 2019, for the offences
punishable under Sections 452, 354, 506/2, 147, 148 &149 PPC, registered at
Police Station Pano Akil, District Sukkur. Earlier his bail application was
dismissed by learned Additional Sessions Judge, Pano Akil vide order dated
20.11.2019.
2. The
facts of the prosecution case are mentioned in the FIR attached with the memo
of bail application and the same are not to be re-produced in view of the case
of Mohammad Shakeel v. The State and others reported as PLD 2014 SC 458.
3. Learned counsel for
applicant/accused submits that there is general role against applicant/accused;
that there is delay in registration of FIR, which has not been plausibly
explained by the complainant; that bail before arrest of co-accused Mst. Azizan
and Imam Bux was confirmed by this Court on 03.01.2020 and the role against
applicant/accused is of similar to that of co-accused who have been granted
bail, thus, applicant/accused is also entitled to be enlarged on bail.
4. Learned DPG in view of order
dated; 03.01.2020, passed by this Court conceded for grant of bail.
5. Admittedly, the alleged incident
took place on 25.08.2019, FIR whereof was registered on 09.10.2019 and
complainant has not explained such delay. The applicant/accused had moved an
application to SSP Sukkur prior to registration of instant FIR, which was
forwarded to the SHO Police Station Pano Akil for conducting inquiry and taking
legal action. Since, on similar circumstances, this Court has already granted
pre-arrest bail to co-accused Mst. Azizan and Imam Bux and the allegations
against applicant/accused are mostly of same nature, thus, in my humble view,
the applicant/accused has made out his case for grant of bail on rule of
consistency so also on merits.
6. Under these circumstances,
titled bail application is allowed and the applicant/accused shall be released
on bail, subject to his furnishing solvent surety in the sum of Rs.100,000/-
(Rupees one lac) and PR Bond in the like amount to the satisfaction of trial
Court. This Court has already directed the learned trial Court to decide the
matter within three months under intimation to this Court.
____________
JUDGE
G.M/Steno