ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. D-100 of 2022

Before;

Mr. Justice Zafar Ahmed Rajput

Mr. Justice Irshad Ali Shah

For Hearing of bail application

10-01-2023.

Mr. Ubedullah Ghoto, Advocate for the applicant.

M/s Syed Tanveer Abbas Shah, Advocate for abductee Javed Ali.

Mr. Syed Sardar Ali Shah Rizvi, Additional P.G for the State

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Irshad Ali Shah, J;- It is alleged that the applicant with rest of the culprits abducted PW Javed Ali for ransom for that the present case was registered by police on behalf of the State. On having been refused post arrest bail by learned trial Court, the applicant has sought for the same from this Court by way of instant Crl. Bail Application u/s 497 Cr.P.C R/W section 21-D of ATA, 1997.

2. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police and on investigation, he was let of by the police by declaring him to be innocent. By contending so, he sought for release of applicant on bail, on point of further inquiry, which is not opposed by learned APG for the State and learned counsel for PW/victim Javed Ali.

3. Heard arguments and perused the record.

4. The FIR of the incident is lodged on behalf of the State by ASI Aijaz Ali Gadani, which appears to be surprising. The applicant is not named as culprit by PW/abductee Javed Ali in his 161 Cr.P.C Statement and he on investigation was let of by the police finding him to be innocent. No ransom is paid. The case is challaned finally and there is no apprehension of the tempering with the evidence on the part of the applicant. In these circumstances, a case for release of the applicant on bail, on point of further inquiry obviously is made out.

5. In view of above the applicant is admitted to bail subject to furnishing their solvent surety in sum of Rs.200,000/- (Two lac) and P.R bond in the like amount to the satisfaction of learned trial Court.

6. Above are the reasons of short order of even date, whereby the instant bail application was allowed.

Judge

Judge

Nasim/P.A