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