ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 106 of 2023.

Date of hearing

Order with signature of Judge

16.03.2023.

1.         For orders on M.A. No.1272/2023 (Urgency Application).

2.         For orders on office objections.

3.         For orders on M.A. No.1273/2023 (Exemption Application).

4.         For hearing of bail application.

Mr. Sharjeel Sattar Bhatti, Advocate for applicants.

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1.         Urgency application granted.

2.         Over ruled.

3.         Exemption allowed subject to all just exceptions.

4.         Through this application, applicants Nasrullah and Ali Hur have sought for grant of pre-arrest bail in Crime No. 156/2022 registered with P.S A-Section Shahdadkot, for offences punishable under Sections 457 and 380 P.P.C. Their similar request was turned down by order dated 11.03.2023 passed by learned Sessions Judge, Kamber-Shahdadkot.

            Learned counsel for applicant mainly contended that applicants are innocent and have been implicated in the case with malafide intention and ulterior motives; that F.I.R is delay for 05-days; that co-accused Muhammad Sharif has already been granted post arrest bail by learned trial Court. Per learned counsel, case of the present applicant is on same footings to that of co-accused, who has been granted bail; therefore, the applicant on the basis of rule of consistency also deserves same concession and treatment. He further added that it is settled law that, when the accused is entitled to post arrest bail, his prayer for pre arrest bail, if declined, would be matter of only technicality and accused is likely to be humiliated and disgraced, if arrested at the hands of police. In support of his contention learned counsel relied upon case of Khalil Ahmed Soomro and others v. The State reported in PLD 2017 Supreme Court- 730. Lastly, learned counsel prays for grant of pre arrest bail to applicants.

            Mr. Ali Anwar Kandhro learned Additional Prosecutor General present in Court in other cases; waives notice of this bail application and concedes for its grant in view of the submissions made by learned counsel.

            Since, co-accused Muhammad Sharif has been admitted to bail by learned trial Court as is evident from impugned Order dated11.03.2023, and case of present applicants appears to be on same footings, therefore, rule of consistency is applicable to the case of present applicants also, entitling them to concession of bail.

            In case of Khalil Ahmed Soomro and others v. The State (supra) it has been observed by Hon’ble Supreme Court, that when the petitioners are entitled to post arrest bail, thus their prayer for pre-arrest bail, if declined, would be a matter of technicality alone while on the other hand they are likely to be humiliated and disgraced due to arrest at the hands of the local police”. Accordingly, keeping in view the dictum laid down by Hon’ble Apex Court, the applicants Nasrullah and Ali Hur are admitted to pre arrest bail upon their furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand rupees) each and P.R Bonds in the like amount to the satisfaction of Additional Registrar of this Court. The applicants are directed to join trial. Application stands disposed of.

                                                              Judge

Ansari