ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S -264 of 2020.

1. For Orders on office objection.

2. For Hearing of bail application

05-06-2020.

Mr. Syed Zaffar Ali Shah advocate for applicant.

Mr. Abdul Rahman Kolachi DPG for the State

>>>>>…<<<<<

Irshad Ali Shah, J;- It is alleged that the applicant was found to be in possession of gold ornaments said to be stolen for that the present case was registered.

2. The applicant on having been refused post arrest bail by learned trial Magistrate and V-Additional Sessions Judge Sukkur, has sought for the same from this Court by way of instant Crl. Bail application under section 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; his name is not appearing in FIR which is relating to theft of gold ornaments; an application under section 491 Cr.P.C for release of the applicant form unlawful custody was filed before learned Sessions Judge Sukkur; the offence alleged is not falling within prohibitory clause of section 497 (2) Cr.P.C and the applicant is in custody for more than one month. By contending so he prayed for release of applicant on bail on point of further inquiry. In support of his contention he has relied upon case of Arsalan Masih and others Vs. The State and other (2019 SCMR 1152).

4. Learned DPG for the State has opposed to grant of bail to the applicant by contending that the applicant is fully involved in commission of incident and on arrest from him, has been secured stolen gold ornaments.

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

6. The name of the applicant is not appearing in the FIR, which is relating to the theft of gold ornaments. There is no independent witness to the recovery of gold ornaments from the applicant. The offence alleged is not falling within the prohibitory clause of section 497 (2) Cr.P.C. In these circumstances, guilt of the applicant obviously is calling for further enquiry.

8. In view of above the applicant is admitted to bail subject to his furnishing surety in sum of rupee one lac and P.R bond in the like amount to the satisfaction of learned trial Magistrate/Court.

9. The instant Crl. Bail Application is disposed of accordingly.

Judge

ARBROHI