ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 572 of 2022.

Date of hearing

Order with signature of Judge

08.12.2022.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Ghayoor Abbas Shahani, Advocate for applicant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Amjad Ali Sahito, J: Through this application, applicant Mohabbat son of Sajan Bangwar seeks his admission to post-arrest bail in Crime No.65/2012, registered at P.S Buxapur (District Kashmore @ Kandhkot), for offences punishable under Sections 302, 324, 337-H (ii), 337-F (i), 147, 148 and 149 P.P.C. His similar prayer was declined by learned 1^st Additional Sessions Judge, Kandhkot, vide Order dated 29.10.2022.

            2.         Learned counsel for the applicant at the very outset submits that co-accused Mir Khan alias Loti has been granted post arrest bail by learned Additional Sessions Judge, Kashmore, vide his Order dated 05.12.2012 and case of the present applicant is on same footings to that of co-accused Mir Khan alias Loti. Learned counsel has already placed on record true copy of the order. Per learned counsel, the applicant, on the basis of rule of consistency, also deserves same concession and treatment. Lastly, learned counsel submitted that, applicant is behind bars since last one year.

            3.         Learned D.P.G. opposed the grant of bail to applicant, but he does not controvert above position.

            4.         Since, co-accused Mir Khan alias Loti has been admitted to bail by trial Court and case of present applicant appears to be mostly on same footings, therefore, rule of consistency is applicable to the case of present applicant also. So for as, absconsion of the applicant is concerned, it is well settled law that mere absconsion would not come in way of grant of bail, if otherwise a case for bail is made out.  In this regard, the Honourable Supreme Court of Pakistan in the case of MITHO PITAFI versus THE State (2009 SCMR 299), has observed that bail could be granted, if the accused has good case for bail on merits and mere his absconsion would not come in the way while granting him bail. 

            5.         Accordingly, the instant bail application stands allowed and applicant is granted post-arrest bail upon his furnishing solvent surety in the sum of Rs.100,000/- (One hundred thousand rupees) and P.R bond in the like amount to the satisfaction of trial Court.

                                                                JUDGE

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