ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-487 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

23.12.2021

                        Mr. Rafique Ahmed Abro, Advocate for the applicant.

Mr. Muhammad Hashim Soomro, Advocate for complainant.

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with one more culprit obtained rupees Fifty Lacs from complainant Ahsanullah for appointment of his son Tufail Ahmed in public service and on account of their failure to do the needful, they returned such amount in shape of cheques and cash of rupees Ten Lacs, those cheques were bounced when were presented before the bank having jurisdiction, subsequently, they also stole Car of the complainant, for that the present case was registered.

2.         The applicant on having been refused post arrest bail by learned             Additional Sessions Judge, Ratodero, 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 the applicant being innocent has been involved in this case falsely by the complainant, otherwise he has nothing to do with the alleged incident. By contending so, he sought for release of the applicant on bail on point of further inquiry.

4.         Learned Addl.P.G for the State and learned counsel for the complainant have opposed to release of the applicant on bail by contending that he is vicariously liable for the commission of incident.

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

6.         The FIR of the incident has been lodged with delay of about 16 months and such delay having not been explained plausibly could not be overlooked. No cheque is issued by the applicant in person. The offence alleged against the applicant is not falling within prohibitory clause of Section 497 Cr.PC. The case has finally been challaned and there is no allegation of tampering with evidence on the part of applicant. In these circumstances, a case for grant of bail to the applicant on point of further inquiry obviously is made out.

7.         In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in the sum Rs.30,000/- and P.R bonds in the like amount, to the satisfaction of the learned trial Court.

8.         The instant criminal bail application is disposed of accordingly.

                                                                                                     JUDGE