IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No.S-288 of 2022

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

1. For orders on O/objection at flag-A.

2. For hearing of bail application

Date of hearing 17.10.2022

Mr. Aftab Hussain Shar Advocate for applicant alongwith applicant on bail.

Mr. Aftab Ahmed Shar Addl. Prosecutor General, Sindh.

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O R D E R

ABDUL MOBEEN LAKHO, J; Through this bail application, applicant Fakhrullah Khan son of Saifullah Khan Pathan, seeks his admission on pre-arrest bail in Crime No.35 of 2022 Police Station, Patni district Sukkur under Sections 406, 408, 171, 416, 419 PPC. The bail plea preferred by the applicant was declined by Additional Sessions Judge-V, Sukkur vide order dated 08.06. 2022 hence, this bail application.

2. The facts of the prosecution case in nutshell are that complainant inspector Ashique Ali Leghari lodge FIR on 27.05.2022 at 1700 hours at National Highway weight at Rohri during patrolling in beat stopped the vehicle/truck NAB-010 driven by accused Hakim Ali under suspicion of overloaded weight passing the weight station without weight. On inquiry regarding receipt of weight of load he alleged that accused Sajjad Ahmed Pathan who also failed to produce weight receipt of the vehicle and further disclosed that on the instant of Fakhir Niazi (present applicant) and Bilal Punjabi he kept practice to allow overload vehicle to pass without weight after getting from them Rs.1000/. He also admitted that he let pass the vehicle of accused Hakim Ali on Rs.1000/-. The complainant lodged the instant FIR to the above effect.

3. Learned counsel for applicant contended that applicant is innocent and has falsely been implicated in the present case as the applicant is Manager of A.R. Enterprises weight Kanta at Sukkur and he has made written complaint against complainant of present case in respect of illegally crossing the trucks of stones heavy weight to which he got annoyed and with biased intention by using his powers which were not vested in him and got this FIR registered. He further contended that Sajjad Ahmed and Hakim Ali have been granted post-arrest bail by the trial Court and case of present applicant is on better footings to that of co-accused who have been granted bail.

4. Learned Additional Prosecutor General opposed the grant of bail on the ground the applicant is involved in misappropriation of Govt. amount.

5. Heard arguments of learned Counsel for the parties and perused the record meticulously.

6. As per the contents of the crime report, the allegation leveled against the present applicant is that he being employee of Govt. weighbridge/Kanta let the overloaded vehicle pass without issuing any receipt/challan on receiving Rs.1000/- from the drivers which constituted the act of not only cheating with contractors. Since, only tentative assessment is allowed at bail stage. The Sections applied in the FIR can only be attracted if the evidence is led verifying the facts whether if the weighing bridge was at all used in issuance of the challan. In this regard complainant has neither produced any document nor he expressed that any criminal breach of trust was committed by the present applicant. Keeping the above in mind the applicant have succeeded in making out a case for further inquiry. The co-accused have been granted bail by the trial Court while bail of present applicant has been declined though the case of present applicant is on better footing than that of co-accused who have been granted bail, therefore, it is yet to be determined after recording evidence that who is responsible for committing the offence. The applicant is attending the trial Court regularly, therefore, recalling of interim pre-arrest bail already granted to him, will not serve any useful purpose. Consequently, instant bail application is hereby allowed. The interim pre-arrest bail already granted to applicant vide order dated 10.06.2022 is hereby confirmed on same terms and conditions. The applicant present is directed to continue his appearance before trial Court, till final decision of main case. These are the reasons of my short order dated 17.10.2022.

7. Needless to mention here that observation made herein above are tentative in nature and trial Court may not be influenced of the same and decide the case on its own merits as per evidence and the material made available before it.

Bail application stands disposed of in the above terms.

J U D G E

Ihsan