ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-217 of 2022

Date	Order with signature of Judge

Applicant : Ayaz Ali Lashari, through

Mr. Allah Dino Kuber, Advocate

Respondent : The State, through Mr. Aftab Ahmed Shar, Addl. P.G, along with Complainant Ali Dino

Date of hearing : 06.06.2022

Dated of order : 06.06.2022

O R D E R

ZAFAR AHMED RAJPUT, J: Through instant Cr. Bail Application, applicant named above seeks post-arrest bail in Crime No.15/2022, registered at P.S. Kotdiji under section 395, P.P.C. His earlier application for the grant of same relief bearing No.786 of 2022 was dismissed by the Additional Sessions Judge-IV, Khairpur, vide order dated 28.04.2022.

2. Briefly stated, the facts of the case are that, on 27.02.2022, complainant Police Constable Ali Dino s/o Gul Sher Khaskheli lodged the instant F.I.R., for the commission of the dacoity, at about 06:00 a.m. at Naaro Dhoro, by one Waseem s/o Moula Bux alias Majnoo Lashari and four unknown accused persons, duly armed with Kalashnikovs and pistols. They robbed official rifle, motorcycle, cash amount and mobile phone from said complainant, for that they were booked in the instant F.I.R.

3. After hearing the learned counsel for the applicant as well as learned Addl. PG and perusing the material available on record. It appears that the name of the present applicant is not mentioned in the F.I.R. He was subsequently for the commission of alleged offence on the basis of further statement of the complainant recorded under section 162, Cr.P.C wherein he disclosed that witnesses Ghulam Abbas and Qurban Ali informed him that they had come to know that along with accused Waseem Lashari, the other co-accused were Ali Dino @ Mehtab, Khalid @ Kaloo Lashari, Mukhtiar Lashari and Ayaz Ali (present applicant), who committed the alleged offence. The said names have also been disclosed by P.Ws Qurban Ali and Ghulam Abbas in their 161, Cr.P.C statements. The complainant, who is present in court; however, has admitted that the present applicant resides in village Fateh Ali Lashari, which is located at the short distance of the complainant’s village and he knows that applicant for last 10 years. Despite of such fact, the complainant failed to identify him and disclosed his name at the time of lodging F.I.R. It is also an admitted position that the alleged official rifle has been show recovered on pointing out by the present applicant from dead hedge barrier of northern side of his house open to sky, which is yet to be proved at the trial. Hence, sufficient factors requiring further inquiry into the guilt of the applicant, as contemplated under sub-section (2) of Section 497, Cr.P.C. are available in the case, entitling the applicant for the grant of bail.

4. Accordingly, instant application is allowed, and in result thereof the applicant is admitted to post-arrest bail in aforesaid crime/offence subject to furnishing by him solvent surety in the sum of Rs. 1,00,000/- (Rupees One Lac only) and PR bond in the like amount to the satisfaction of the trial Court.

5. Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the trial Court while deciding the case of the applicant on merits. In case the applicant misuses the concession of bail in any manner, the trial Court shall be at liberty to cancel the same after giving him notice, in accordance with law.

6. Above are the reasons of my short order dated 06.06.2022.

JUDGE

Faisal Mumtaz/PS