ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.D-25 of 2020

Date of hearing

Order with signature of Judge

Before:

                          Mr. Justice Muhammad Junaid Ghaffar

                          Mr. Justice Irshad Ali Shah

                        For hearing of bail application.

25.08.2020

Mr. Nasrullah Solangi, Advocate for the applicant

Complainant Ghaneso Ram in person
            Mr. Muhammad Noonari, A.P.G for the State

                        ~.~.~.~.~.~.~.~.~.~.~

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, abducted baby Anchal aged about 4 ½ years, daughter of complainant Ghaneso Ram, for ransom, for that the present case was registered.

2.        The applicant on having been refused post-arrest bail by learned Special Judge, Anti Terrorism Court, Kashmore @ Kandhkot, has approached this Court by way of instant bail application under section 497 Cr.PC.

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; the FIR of the incident has been lodged with delay of 12 days; co-accused Allahdad alias Dadlo has already been acquitted by learned trial Court and more-so complainant Ghaneso Ram by filing his affidavit has recorded no objection to grant of bail to the applicant. By contending so, he sought for release of the applicant on bail on point of further inquiry.

4.        Complainant Ghaneso Ram has affected appearance before us and has recorded no objection to grant of bail to the applicant by contending that he is innocent, while learned D.P.G for the State has objected to grant of bail to the applicant by contending that he has remained in absconsion for noticeable period of about ten years.

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

6.        The FIR of the incident has been lodged with delay of 12 days and such delay could not be overlooked. Co-accused Allahdad alias Dadlo has already been acquitted by learned trial Court and now the complainant by filing his affidavit has recorded no objection to grant of bail to the applicant by stating therein that the name of the applicant was disclosed by him before the police under suspicion. In these circumstances, the guilt of the applicant is calling for further inquiry.

7.                    In case of Muhammad Najeeb vs. State (2009 SCMR-448),    it has been held by Honourable Supreme Court of Pakistan that;

“complainant initially had nominated the accused in the FIR but later-on through an affidavit he has expressed his satisfaction with regard to innocence of the accused, the case of the accused was of further enquiry”.

8.                    It is settled by now that when the case for grant of bail to the accused is made out on merit, then the same could not be withheld as punishment, on point of absconsion alone.

9.                In case of Mitho Pitafi vs. The State (2009 SCMR-299), it has been by the Honourable Apex Court that;

“Bail could be granted, if accused had good case for bail on merits and mere his absconsion would not come in the way while granting him bail---High Court had not appreciated the facts and circumstances of the case in its true perspective while declining bail to the petitioner.”

10.              In view of the facts and reasons discussed above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

11.              The instant application is disposed of accordingly.

                                                                               JUDGE

                              JUDGE