ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 507 of 2022.

Date of hearing

Order with signature of Judge

23.02.2023.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Sajid Hussain Mahessar, Advocate for applicant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Zulfiqar Ali Sangi, J: Through this application, applicant Shoaib Ahmed Chandio has sought for his admission to pre-arrest bail in Crime No.229/2022, registered at Police Station Kamber City, for offences punishable under Sections 406, 420 and 34 P.P.C.

            It appears that, applicant was not apprehended on the spot but he has been implicated in the case on the basis of statement of co-accused, which is inadmissible in evidence. The offence alleged against applicant does not fall within prohibitory clause of Section 497 Cr.P.C., and it is well settled law that, in the cases not falling within prohibitory clause of Section 497 Cr.P.C., the grant of bail is rule and refusal is an exception, and there are no exceptional circumstances for refusal of bail in this case. Moreover, as per report of learned trial Court the material prosecution witnesses have already been examined. This Court vide Order dated 31.10.2022 passed in bail application of co-accused Ghulam Ishaque Chandio in Crl. Bail Appln. No. S- 501/2022 has already directed learned trial Court to conclude trial within 45 days. Report was called from the trial Court, which reflects that, on application of the Prosecutor under Section 540 Cr.P.C some P.Ws were called and they are not attending. The applicant has already jointed the trial and is regularly attending the trial Court and no purpose would be served if the applicant is refused bail and put behind bars.

            For the foregoing reasons the captioned bail application is allowed. Consequently, interim pre arrest bail already granted to applicant Shoaib Ahmed Chandio vide Order dated 17.10.2022, is hereby confirmed on same terms and conditions.

            Before parting with the order, it is clarified that the observations made hereinabove are tentative in nature and would not prejudice case of either party at trial.

                                                       Judge

Ansari