ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.D-22 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

18.08.2020

Mr. Nooruddin Mahessar, Advocate for the applicant

                        Mr. Ali Anwar Kandhro, A.P.G for the State

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IRSHAD ALI SHAH, J.- It is alleged that applicant with one more person committed mischief by making fires at Petrol Pump of Mst.Ghanwa Bhutto, on account of failure of the complainant to pay him “Bhatta”, for that the present case was registered.

2.        The applicant on having been refused post-arrest bail by learned Special Judge, Anti Terrorism Court, Larkana, has sought for the same from this Court by way of instant application u/s. 497 Cr.PC.

3.        It is contended by learned counsel for the applicant that he being innocent has been involved in this case falsely by the complainant party; the FIR of the incident has lodged with delay of one day and no “Bhatta” was paid. By contending so, he sought for release of the applicant on bail on point of further inquiry.

4.        Learned A.P.G. for the State has opposed to release of the applicant on bail by contending that his case is not falling for further inquiry and he has remained in absconsion for noticeable period.

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

6.        The FIR of the incident has been lodged with delay of about one day, the same having no been explained plausibly could not be overlooked. The identity of the applicant at night time under light of bulbs is weak piece of evidence and no “Bhatta” was paid. In these circumstances, the guilt of the applicant obviously is calling for further inquiry, which makes him entitled to be released on bail.

7.                    Needless to state that, it is settled by now that when the accused is found entitled to be released on bail on merits, then such concession could not be withheld on account of absconsion alone. 

8.        In view of above, the applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.50,000/-   (Fifty 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.

                                J U D G E

                                J U D G E