ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 575 of 2022.

Date of hearing

Order with signature of Judge

15.12.2022.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Ahsan Ahmed Memon, Advocate for applicant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Amjad Ali Sahito, J-     Through this bail application, applicant Abu-Bakar Soomro seeks his admission to post-arrest bail in Crime No.24/2021 of P.S Jahan Wah, registered for offences punishable under Sections 324 and 34 P.P.C.

            The bail application moved by the applicants before the learned Additional Sessions Judge-V, Shikarpur, was declined by means of Order dated 21.11.2022 passed in Crl. Bail Appln. No. 38 of 2022.

            Learned counsel for applicant mainly contended that, the applicant was was granted pre-arrest bail on merits by learned Sessions Judge, Shikarpur, and he was regularly attending the trial Court; however due to his illness he could not put his appearance before learned trial Court and intimation in this regard was furnished to learned trial Court, but it was not acceded to, and the leraned trial Court ordered issuance of NBWs agaisnt the applicant. Per learned counsel the applicant then voluntarily surrendered before this Court with an application for grant of protective bail and he was admitted to protective bail and ultimately he surrendered before learned trial Court, but did not file any application seeking pre arrest bail. Learned counsel further submits that since NBW issued by learned trial Court agaisnt applicant was in existence, as such the applicant was taken into custody and remanded to jail on 02.11.2022 and since then he is lying in jail. Learned counsel submits that the applicant has been sufficiently punished for his absence and he is ready and prepared to furnish solvent and reliable surety for his appearance in the trial Court in future. Learned counsel further added that the applicant has not been assigned any specific and active role in the commission of the alleged offence. In support of his contentions, learned counsel for applicant has relied upon cases of Mazhar Hussain v. The State (2017 SCMR 1936), Hussain Bux v. The State (2013 MLD 170) and Dosoo v. The State (2003 P.Cr.L.J 933), wherein on similar and identical facts and circumstances, accused were admitted to bail.

            Learned DPG appearing for the State has extended his no objection but he states that bond amount may be extended from previous one, so that the applicant may not jump his bail again.

            The contentions as raised by learned counsel for the applicant are borne out from the record. It appears that the applicant was already admitted to pre arrest bail on merits by learned Sessions Judge, Shikarpur, however since he absented himself from the trial Court, as such he was declared proclaimed offender and ultimately on his appearance before leaned trial Court he was remanded to jail on 02.11.2022 and since then he has been behind the bars. It seems that the applicant has been sufficiently punished for his absence. Moreover, per contents of the FIR the applicant has not been assigned any specific or active role of causing any injury to any member of complainant party except his mere presence. 

            Accordingly, in the interest of justice, applicant Abu-Bakar Soomro is admitted to bail upon his furnishing two solvent sureties each in the sum of Rs.1,00,000 (rupees one hundred thousand) and P.R. bond in the like amount to the satisfaction of the trial Court.

        Nothing herein shall affect the determination of the facts at the trial or influence the trial Court in reaching its decision on the merits of the case and observations made supra are tentative in nature.         

                                                                                       JUDGE

Ansari/*