ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Bail
Application No. S – 41 of 2020
Date Order with Signature of
Hon’ble Judge
For
hearing of Bail Application
29.06.2020
Applicant in person
Mr. Abdul Rahman Kolachi, DPG for the State
>>>>>>>…<<<<<<<<
Irshad Ali Shah J; It is alleged that
the applicant with rest of the culprits in furtherance of their common
intention misappropriated the public funds of Irrigation department by misusing
his authority, on account of rehabilitation of canals / Feeders / water
courses, for that the
present case was registered.
2. The
applicant on having been refused pre-arrest bail by learned Special Judge,
Anti-Corruption (Provincial) Sukkur Division @ Sukkur, has sought for the same
from this Court by way of instant application under section 498 Cr.P.C.
3. It
is contended by the applicant he being innocent has been involved in this case
falsely; the FIR has been lodged with delay of about six years; the offence
alleged against him is not falling within prohibitory clause of Section 497 (2)
Cr.P.C; and the very FIR on investigation has been recommended by the police to
be cancelled under ‘C’ class. By contending so, he sought for pre-arrest bail
for him on point of further inquiry and malafide.
4. Learned
D.P.G. for the State has opposed to grant of pre-arrest bail to the applicant,
however, he was fair enough to admit that the very FIR has been recommended by
the police to be cancelled under ‘C’ class.
5. I
have considered the above arguments and perused the record.
6. The
FIR of the incident has been lodged with delay of about six years, such delay
could not be overlooked; the offence alleged against the applicant is not
falling within the prohibitory clause of Section 497(2) Cr.P.C and the very FIR
on investigation has been recommended by the police to be cancelled under ‘C’
class. In these circumstances, it is rightly being contended by the applicant
that he is entitled to grant of pre-arrest bail on point of further inquiry and
malafide.
7. In view of
above, the interim pre-arrest bail already granted to the applicant is
confirmed on same terms and conditions.
8. Instant Criminal Bail Application is disposed of accordingly.
Judge
ARBROHI