ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S-62 of 2023

(Muhammad Sadique Brohi Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application.

01-03-2023.

Raja Abdul Hameed Khaskheli, advocate for applicant.

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 robbed complainant Muhammad Ayub and his witnesses of their Datsun pickup and other belongings, for that the present case was registered. On denial of bail by learned Sessions Judge, Khairpur, the applicant has sought for the same from this Court by way of instant Bail Application u/s 497 Cr.P.C.

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, otherwise complainant Muhammad Ayub and PW Muhammad Farooq by filing their affidavits before learned trial Court have declared him to be innocent. By contending so, he sought for release of the applicant on bail, on point of further inquiry.

3. Learned APG for the State has opposed to release of the applicant on bail by contending that on arrest from the applicant has been secured the robbed Datsun pickup.

4. Heard arguments and perused the record.

5. It was night time incident, therefore identity of the applicant under the light of Datsun pickup appears to be weak piece of evidence; the Datsun pickup is alleged to have been foisted upon the applicant by the police; complainant Muhammad Ayub and PW Muhammad Farooq by filing their affidavits before learned trial Court have already been declared the applicant to be innocent. The case has finally been challaned and there is no apprehension of tempering with the evidence on the part of the applicant. In these circumstance; a case for release of the applicant on bail, on point of further inquiry obviously is made out.

6. In case of Muhammad Najeeb vs. State (2009 SCMR 448), it has been held by Honourable Supreme Court of Pakistan that;

“Complainant initially had nominated the accused in the FIR but later-on through an affidavit he has expressed his satisfaction with regard to innocence of the accused, the case of the accused was of further enquiry”.

7. In view of above, the applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of learned trial Court. 

8. The instant bail application is disposed of accordingly. 

Judge

Nasim/P.A