ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S - 164 of 2020

For Hearing of bail application

01.06.2020

Mr. Muhammad Rehan Khan Durrani Advocate for applicant

Mr. Muhammad Imran Shamsi Advocate for complainants

Mr. Muneer Ahmed Siyal A.D (Legal) FIA, Sukkur

Mr. Muhammad Mehmood Sultan Khan Yousufi, DAG

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Irshad Ali Shah, J;- It is alleged that the applicant with rest of the culprits by running unlawful travel agency defrauded / cheated M/s Muhammad Haris and Zulfiqar Ali of Rupees Nineteen Lacs under the pretext that he is going to send them on Hajj, for that the present case was registered.

2. The applicant on having been refused bail by learned Vth-Additional Sessions Judge, Sukkur has sought for the same from this Court by way of instant application u/s 497 Cr.P.C.

3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police otherwise he has nothing to do with the alleged incident; that offence alleged against the applicant is not falling within the prohibitory clause of section 497 Cr.P.C; the applicant is in custody since six months, therefore, he is entitled to be released on bail on point of further inquiry.

4. Learned counsel for the complainants and learned DAG for the State have recorded no objection to grant of bail to the applicant while learned A.D(Legal) FIA Sukkur has opposed to grant of bail to the applicant by contending that he has committed the offence which is affecting the society at large.

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

6. The FIR of the incident has been lodged with delay of about eight months; such delay could not be ignored as it has not been explained plausibly. The offence alleged is not falling with the prohibitory clause of Section 497 Cr.P.C. The applicant is in custody for six months and learned DAG for the State and learned counsel for the complainants have recorded no objection for grant of bail to the applicant. In these circumstances a case for grant of bail to the applicant obviously is made-out on the point of further inquiry.

7. In view of the above, the applicant is admitted to bail subject to his furnishing solvent surety in the sum of Rs.One Lac and PR bond in the like amount to the satisfaction of trial Court.

8. The instant bail application is disposed of accordingly.

Judge

ARBROHI