ORDER SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Bail Application No. S
– 280 of 2020
Date Order with Signature of
Hon’ble Judge
For
hearing of Bail Application
26-06-2020
Mr. Noor Muhammad Memon Advocate for the Applicant
Mr. Abdul Rahman Kolachi, DPG for the State
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Irshad Ali Shah J;- It is alleged that
the applicant with rest of the culprits being member of wandering gang associated
with intention to commit theft at the place of incident and then made their escape
good leaving behind stolen motorcycle when they found police party of PS Jarwar
led by ASI Sher Khan coming to them, for that the
present case was registered.
2. The
applicant on having been refused post-arrest bail by learned IIIrd Additional
Sessions Judge, Mirpur Mathelo, 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; there is no independent
witness to the incident; no independent FIR is lodged for theft of alleged recovered
motorcycle and offence alleged against the applicant is not falling within
prohibitory clause of section 497 (2) Cr.P.C. By contending so, he sought for
grant of post-arrest bail to the applicant on point of further inquiry.
4. Learned
D.P.G. for the State has opposed to grant of bail to the applicant by
contending that the applicant has committed the offence which is affecting the
society at large.
5. I
have considered the above arguments and perused the record.
6. Nothing has been brought on record by
the prosecution which may suggest that the applicant is member of wandering
gang which associates habitually to commit theft, which appears to be
significant. The identity of the applicant by the police personnel at night
time that too under the light of police mobile is appearing to be a weak piece
of evidence. There is no independent witness to the incident. The offence alleged
against the applicant even otherwise is not falling within prohibitory clause
of section 497 (2) Cr.P.C. The grant of bail in such like cases is rule while
rejection is exception. No exceptional ground is available, which may justify
withholding concession of bail to the applicant. In these circumstances, it is
rightly being contended by the learned counsel for the applicant that the
applicant is entitled to grant of post-arrest bail on point of further inquiry.
7. In case of Tariq
Bashir and 5 others vs. The State (PLD 1995 SCMR
34), it has been held by Hon’ble Apex Court that;-
“—Ss.496 &
497---Bail---Grant of bail in bailable offence is right while in non‑bailable
offences the grant of bail is not a right but concession/grace--- Grant of bail
in offences punishable with imprisonment for less than 10 years is a rule and
refusal an exception.”
8. In
view of above, the applicant is admitted to bail subject to furnishing surety
in sum of Rs.30,000/- (Thirty thousand) and P.R bond in the like amount to the
satisfaction of learned trial Court.
9. The
instant bail application is disposed of accordingly.
Judge
Nasim/P.A