ORDER SHEET
IN THE HIGH COURT OF SINDH
BENCH AT SUKKUR
Crl. Bail Application No. D-102 of 2022
Before;
Mr.
Justice Zafar Ahmed Rajput
Mr.
Justice Irshad Ali Shah
For Hearing of bail application
10-01-2023.
Mr. Zulfiquar Ali Arain, Advocate for
the applicant.
Mr. Asadullah Arbani, 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.
3. Learned counsel for the PW/abductee Javed Ali has recorded no objection to release the
applicant on bail, however, learned APG for the State has opposed to release of
the applicant on bail by contending that the offence which allegedly has been
committed by the applicant is affecting the society at large.
4. Heard arguments and perused the record.
5. The FIR of the incident is lodged on
behalf of the State by ASI Aijaz Ali Gadani, which appears to be surprising. PW/abductee Javed Ali and his father PW Mehar
by filing their affidavits have recorded no objection to released of the
applicant on bail by stating therein that he was not implicated by them before
the police. 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.
6. 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.
7. Above are the reasons of short order of
even date, whereby the instant bail application was allowed.
Judge
Judge
Nasim/P.A