ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.D-02 of 2023

(Nokhaf Domki & others v. The State).

DATE                         ORDER WITH SIGNATURE OF JUDGE

Before:

                                               Mr. Justice Irshad Ali Shah.

                                                                                              Mr. Justice Arbab Ali Hakro.

For hearing of bail application.

18.04.2023.

Mr. Muhammad Ayaz Shaikh, Advocate for applicants.

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

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

IRSHAD ALI SHAH, J.- It is alleged that on arrest from the applicants were secured twelve non electric detonators, nut bolts, timer etc; for that they were booked and reported upon by the police. On refusal of bail by learned Judge, Anti Terrorism Court, Shikarpur, they have sought for the same from this Court by way of instant bail application U/S. 497 Cr.PC.

2.         It is contended by learned counsel for the applicants that the applicants being innocent haves been involved in this case falsely by the police by foisting the property upon them on account of filing of an application under Section 491 Cr.PC and a petition before this Court by their relatives. By contending so, he sought for release of the applicants on bail on point of further inquiry.

3.         Learned Addl.P.G for the State has opposed to release of the applicants on bail by contending that the offence which they have committed is affecting the society at large. 

4.         Heard arguments and perused the record.

5.         There is no independent witness to the incident. An application under Section 491 Cr.PC and a petition at least for release of applicants Muhammad Ismail and Nokhaf from their illegal detention with the police were filed by their relative before Sessions Judge Khairpur and Bench of this Court at Sukkur; those were much prior to registration of FIR of the present case against the applicants; the case has been challaned finally; there is no apprehension of the tampering with the evidence on the part of applicants and they are said to be in custody since eight months without effective progress in trial of their case. In these circumstances, a case for release of applicants on bail on point of further inquiry obviously is made out.

8.         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 Court. 

9.         The instant bail application is disposed of accordingly.

JUDGE

JUDGE