ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-74 of 2023

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For hearing of bail application.

 

06.04.2023.

 

 

Mr. Mumtaz Ali Brohi, Advocate for the applicant.

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

                                                 -.-.-.-.-.-.-.-.-.-

 

IRSHAD ALI SHAH J;- It is alleged that the applicant with rest of the culprits robbed complainant Allah Bux and his witnesses of their motorcycle, cell phones and cash, for that the present case was registered.

2.        On having been refused post-arrest bail by learned 2nd Additional Sessions Judge, Jacobabad, the applicant has 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 applicant that he being innocent has been involved in this case falsely by the complainant party in order to satisfy its old enmity with him; the FIR of the incident has been lodged with delay of one day and the applicant in custody since two years is entitled to be released on bail on point of further inquiry.

4.        None has come forward to advance arguments on behalf of the complainant. However, learned Addl.P.G for the State has opposed to release of the applicant on bail by contending that on arrest from him has been secured the robbed motorcycle.

5.        Heard arguments and perused the record.

6.        The FIR of the incident has been lodged with delay of about one day; such delay having not been explained plausibly could not be overlooked; nothing has been brought on the record which may prove ownership of the complainant and his witnesses over the robbed articles; the case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicant who is said to be in custody for about two years without effective progress in trial of his case; in these circumstances, a case for release of applicant on bail on point of further inquiry obviously is made out; such concession could not be denied to him only for the reason that on arrest from him has been secured the robbed motorcycle which is alleged to have been foisted upon him by the police.

7.        In view of above, the applicant is admitted to bail subject to his furnishing 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