IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Bail Application No. S- 828/2021.
Date of hearing |
Order with signature of Judge |
For Hearing of Bail
Application.
1. For orders on office objection at Flag ‘A’.
2. For hearing of bail application.
O R D E R.
07.02.2022.
Mr. Mehfooz Ahmed
Awan, Advocate for Applicant.
Mr.
Aftab Ahmed Shar, Additional P.G.
AMJAD ALI
SAHITO J., Through this order, I intend to dispose of post arrest
bail application filed on behalf of applicant/accused Haresh son of Ram Chand,
Hindu in crime No.05/2020, offence u/s 409, 34 PPC read with section 5(2)
Act-II, of 1947 registered at police station ACE Ghotki. Prior to this, post
arrest bail filed on behalf of applicant/accused was turned down by learned I/C
Special Judge ACE (P) Sukkur vide order dated 20.12.2021, hence he has filed
instant bail application.
2. The details
and particulars of the FIR are already available in the bail application and
FIR, same could be gathered from the copy of FIR attached with such applications,
hence, needs not to reproduce the same hereunder.
3. Mr. Mehfooz Ahmed Awan
learned counsel for applicant/accused contends that applicant/accused is innocent
and has falsely been implicated; prior to this bail application was filed on
behalf of applicant/accused before this Court and the same was dismissed as not
pressed by this Court vide order dated 23.09.2021 with directions to learned
trial Court to examine the material witnesses within the period of 60 days. Per
learned counsel for the last three months, the trial Court is lying vacant and not
a single adjournment has been taken by the applicant/accused as such
applicant/accused is entitled for grant of bail on hardship grounds.
4. On the other hand
learned Additional Prosecutor General vehemently opposed for grant of bail.
5. I have heard
learned counsel applicant/accused, learned Additional Prosecutor General so
also have gone through the material available on record.
6. Admittedly the
applicant/accused is in Jail for last 15 months and the learned trial Court is
lying vacant since last three months but no progress been made by the learned
trial Court as such learned counsel for applicant/accused has made out his case
for grant of bail on hardship ground, resultantly the instant bail application
filed on behalf of applicant/accused is allowed and the applicant/accused named
above is granted post arrest bail subject to his furnishing solvent surety in
the sum of Rs. 100,000/- (one lac) and PR bond in the like amount to the
satisfaction of trial Court.
7. The aforesaid bail application stands disposed of
in the above terms.
J U D G E
Irfan/P.A