ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S-99 of 2023

(Moula Bux Khoso and another Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application.

14-03-2023.

Mr. Sohail Ahmed Khoso, advocate for the applicants.

Mr. Imran Mobeen Khan, Assistant P.G for the State.

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Irshad Ali Shah, J;- It is alleged that the applicants with rest of the culprits being security guards committed theft of Rs. 28,31,941/- after break opening the locks of locker at the distributing centre of Vikar Enterprises Limited Medicine Distributor Site Area Sukkur, for that the present case was registered.

2. The applicants on having been refused bail by learned IIIrd Judicial Magistrate (MTMC) Sukkur and learned Vth Additional Sessions Judge, Sukkur; have sought for the same from this Court by way of instant Crl. Bail Application u/s 497 Cr.P.C.

3. It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the complainant; FIR of the incident has been lodged with the delay of about one day and none has seen the applicants committing the alleged incident, they are in custody since three months, therefore, they are entitled to be released on bail on point of further inquiry, which is opposed by learned APG for the State by contending that the offence which the applicants have committed is affecting the society at large.

4. Heard arguments and perused the record.

5. The FIR is lodged with the delay of about one day; none has actually seen the applicants committing the alleged incident; there is no recovery of any sort from them and they apparently have been involved in commission of incident only for the reason that they were security guards at the place of incident; the offence alleged against them is not falling within prohibitory clause; the case has finally been challaned and there is no apprehension of tempering with the evidence on the part of applicants. In these circumstances, the vicariously liability on the part of applicants obviously is calling for further inquiry.

6. In view of above the applicants are admitted to bail subject to his furnishing solvent surety in sum of Rs.100,000/- (One lac) each and P.R bond in the like amount to the satisfaction of learned trial Court.

7. The instant bail application is disposed of accordingly.

Judge

Nasim/P.A