ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-629 of 2022

DATE                           ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

27.03.2023.

Mr. Inayatullah G.Morio, Advocate for the applicants.

                        Mr. Ali Nawaz Ghanghro, Advocate for the complainant

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH J;- It is alleged that complainant Abdul Ahad being dealer booked 15 Tractors; supply whereof was made to him by the applicants with shortage of 06 Tractors by committing fraud and cheating;  for that the present case was registered.

2.        On having been refused post-arrest bail by learned 2^nd Judicial Magistrate, Shahdadkot and learned 1^st Additional Sessions Judge, Shahdadkot, the applicants have sought for the same from this Court by way of instant application u/s. 497 Cr.PC.

3.        It is contended by learned counsel for the applicants that they being innocent have been involved in this case falsely by the complainant in order to satisfy its dispute with them over settlement of account; the FIR of the incident has been lodged with delay of four months and the offence alleged against the applicants is not falling within prohibitory clause, therefore, they are entitled to be released on bail on point of further inquiry.

4.        Learned Addl.P.G for the State and learned counsel for the complainant have opposed to release of the applicants on bail by contending that they have committed financial death of the complainant.

5.        Heard arguments and perused the record.

6.        The FIR of the incident has been lodged with delay of four months; such delay has not been explained plausibly, therefore, it could not be lost sight of; all penal sections applied in FIR are bailable excepting one  U/S.406 PPC; it is not falling within the prohibitory clause; the parties are already disputed with each other on civil as well as criminal side; the case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicants who are said to be in custody for more than four months; in these circumstances, a case for release of applicants on bail on point of further inquiry obviously is made out.

7.        In view of above, the applicants are admitted to bail subject to their furnishing surety in the sum of Rs.50,000/- each and P.R bond in the like amount to the satisfaction of learned trial Magistrate. 

8.        The instant bail application is disposed of accordingly.

JUDGE