IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No. S- 18 of 2022.

Date	Order with signature of Judge

Applicant: Muhammad Usman alias Dado son of Muhammad Saleh, Abro.

State: Through Mr. Zulifqar Ali Jatoi, Additional Prosecutor General.

Date of hearing. 24.01.2022.

Date of decision. 24.01.2022.

O R D E R.

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AMJAD Ali SAHITO, J.- Through the instant Crl. Bail Application, applicant/accused named above seeks pre-arrest bail in Crime No. 202/2021, offence u/s 392 PPC registered at police Station Faiz Ganj, District Kharipur Mir’s. Prior to this applicant/accused filed pre arrest bail application, which was dismissed by learned Sessions Judge, Khairpur vide order dated 12.01.2022, hence he filed the instant Bail Application.

2. The details and particulars of the F.I.R. are already available in the bail application and F.I.R., same could be gathered from the copy of F.I.R. attached with such application, hence needs not to reproduce the same hereunder.

3. Applicant/accused present in person while his counsel is called absent, no intimation received. Applicant/accused submits that he is innocent and has been falsely implicated as he has not committed robbery and he prays for confirmation of interim pre arrest bail.

4. On the other hand, Mr. Zulifqar Ali Jatoi, Additional P.G contended that the name of applicant/accused is very much appearing in the FIR with specific role of committing robbery of cash of Rs.23000/- and one touch mobile phone from PW Ali Akber. The offence of robbery is against the society which is being increased day by day and peoples are not safe as such learned Additional P.G has supported the version of complainant and has vehemently opposed for confirmation of interim pre-arrest bail already granted to the applicant/accused.

5. I have heard learned counsel for the parties and have gone through the material available on record.

6. From the perusal of record, it reflects that on 24.12.2021 complainant along with his friend Singer Ali Akber Chandio and Mumtaz Ali Chandio boarded in Car and proceeded form village Sanjhoro to Karoondi when reached at Sheesha Moar meanwhile four armed persons came on the road, out of whom two persons were seen and identified on the light of Car to be Muhammad Usman alias Dado son of Muhammad Saleh Abro with Repeater (present applicant/accused) 2. Sajid Abro with pistol along with two unidentified persons who on the point of weapons committed robbery of cash amount, mobile phones from complainant and P.Ws. The specific role of committing robbery of cash of Rs. 23000/- and one touch mobile phone from P.W Ali Akber Chandio has been assigned against the applicant/accused. The offence under section 392 PPC is heinous, an offence against the society which cannot be taken lightly, therefore, there are reasonable grounds to believe that the applicant/accused along with co-accused have committed robbery from complainant and P.Ws as described in the FIR. At bail stage only tentative assessment is to be made and nothing has been brought on record to show any ill-will or malafide on the part of the complainant, which is requirement for grant of pre-arrest bail. All the P.Ws have supported the version of complainant as such sufficient material is available on the record against the applicant/accused to connect him with the alleged offences. In this regard, I am fortified with the case law of Hon'ble Supreme Court of Pakistan [2019 S C M R 1129] wherein the Hon'ble Supreme Court of Pakistan has held as under:-

''Grant of pre-arrest bail is an extra ordinary remedy in criminal jurisdiction; it is diversion of usual course of law, arrest in cognizable cases; a protection to the innocent being hounded on trump up charges through abuse of process of law, therefore a petitioner seeking judicial protection is required to reasonably demonstrate that intended arrest is calculated to humiliate him with taints of mala fide; it is not a substitute for post arrest bail in every run of the mill criminal case as it seriously hampers the course of investigation----the principles of judicial protection are being faithfully adhered to till date, therefore, grant of pre-arrest bail essentially requires considerations of malafide, ulterior motive or abuse of process of law."

8. Needless to mention that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of the applicant on merits.

Judge

Irfan/P.A

7. In view of above, applicant/accused has failed to make out a good case for grant of pre-arrest bail in the light of sub section (2) of Section 497 CrPC. In such circumstances, the instant Crl. bail Application stands dismissed and interim order dated 18.01.2022 earlier granted to the applicant/accused is hereby recalled. Learned Addl.P.G submits that this is a robbery case and for further investigation the custody of applicant is required for investigation and recovery of robbed cash amount and mobile phone. SIP /Investigating Officer is present in the Court and the custody of applicant/accused is handed over to him for further investigation. According to the case of prosecution the accused was assigned the role of committing robbery. They signaled the complainant to stop, on the point of weapons they stopped the car and on the point of weapons they committed robbery of cash and one touch screen mobile phone. Thereafter accused persons went away. The complainant and P.Ws did not go behind the accused persons due to fear of weapons. In sense of fear the complainant party remained calm, thereafter they narrated the incident to the P.Ws, went to Police Station and lodged FIR. The complainant and P.Ws were deprived from their valuable amount and mobile phones detailed in the FIR as such recovery of robbed articles and cash are to be made from the present applicant/accused. If he is granted bail then the recovery will be affected. Help others in good deeds. Don’t say false words in respect of others. Do good deeds if other persons are doing bad deeds with you. Keep patience in the poorness. No one can be described in the existing position of affairs. Let the needful be done in the matter. This case may be fixed on the next date with a intimation notice to counsel for petitioner with a note of caution that if on next date.

From perusal of police papers, it reveals that mashirnama of place of vardat was prepared. The release writ of accused was issued to the applicant/accused that was released and it was also stated in the case of prosecution. In the case of prosecution. Mashirnama

8. Needless to mention that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of the applicant on merits.

Judge

Irfan/P.A