ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S-115 of 2023

(Saeed Ghani Mahesar Vs. The State)

1. For Orders on office objection.

2. For Orders on MA No. 1190/2023.

3. For hearing of Bail Application.

06-03-2023.

M/s Nooruddin Mahesar and Abdul Sattar Mahesar, advocates for applicant.

Mr. Shafi Muhammad Mahar, Deputy P.G for the State

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It is contended by learned counsel for the applicant that applicant is confined at Central Prison Sukkur, he is shown to have been involved in case outcome of FIR Crime No. 77/2016, u/s 337A(ii), 506/2, 34 PPC of PS Dera Allahyar, Balochistan. On account of failure of Government to shift his custody to Dera Allahyar, Balochistan, an application for his release on bail u/s 497 Cr.P.C was filed before the learned Magistrate having jurisdiction at Dera Allahyar, Balochistan, it was not entertained by him. Consequently an application u/s 497 r/w section 86 Cr.P.C was filed, it was dismissed by learned IVth Additional Sessions (Hudood) Sukkur. By contending so, he by way of listed application has sought for interim bail for the applicant in order to enable him to join the proceedings of said case at Dera Allahyar, Balochistan, after seeking pre arrest bail or otherwise from the Court having jurisdiction, which is not opposed by learned DPG for the State.

2. Heard arguments and perused the record.

3. Section 86 Cr.P.C relates to arrest of the person brought before the Magistrate. Its first proviso prescribes that; if the offence is bailable and direction u/s 76 Cr.P.C is endorsed on warrant and the person brought is ready and willing to give bail then such bond to be taken and same to be forwarded to the Court, which has issued the warrant. Its second proviso prescribes that if the offence is non-bailable and direction u/s 76 Cr.P.C is endorsed on warrant then Sessions Judge of Sessions Division in which the person is arrested may subject to provision of section 497 Cr.P.C and for sufficient reason release the person on interim bail on such bond and security as he deems fit and then direct the person to appear by specified date before the Court, which has issued the warrant and forward the bond to that Court. In the instant case, the applicant is said to be in custody within Sessions Division at Sukkur, his custody is required by Judicial Magistrate-I MFC Dera Allahyar. Neither his custody is being shifted to Balochistan nor the learned trial Magistrate at Dera Allahyar is entertaining his bail application. All the penal sections applied in FIR, which is relating to the custody of the applicant, are bailable except section 337A(ii) PPC, it is not falling within prohibitory clause, therefore, his case is appearing to be fit for exercising powers u/s 86 Cr.P.C, which has not been exercised properly by learned IVth Additional Sessions Judge (Hudood) Sukkur, consequently by resorting to the provision of section 497 r/w section 86/561-A Cr.P.C, it is directed that the applicant to be released on interim bail subject to his furnishing surety in sum of Rs. 50,000/- and P.R bond in the like amount to the satisfaction of learned Ivth Additional Sessions Judge (Hudood) Sukkur in order to enable him to join the trial, before learned trial Magistrate at Dera Allahyar within 15 days, after furnishing surety, after seeking pre-arrest bail or otherwise, if so is advised to him. Needless to say that, if the bond is furnished and so is taken then same to be forwarded to learned trial Magistrate at Dera Allahyar Balochistan by learned IVth Additional Sessions Judge (Hudood) Sukkur as per requirement of section 86 Cr.P.C.

4. The instant application is disposed of accordingly.

Judge

Nasim/P.A