ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.D-05 of 2023

(Shahid Hussain 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.

19.04.2023.

Mr. Muhammad Usif Magsi, Advocate for 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, attempted to abduct complainant Saddam Hussain for ransom, for that the present case was registered; on refusal of bail by learned Judge, Anti Terrorism Court, Larkana, he has 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 applicant that the applicant being innocent has been involved in this case falsely by the complainant on the basis of allegation of his abduction; therefore, he is entitled to be released on bail on point of further inquiry, which is opposed by learned Addl.P.G for the State by contending that the offence which he has committed is affecting the society at large. 

3.         Heard arguments and perused the record.

4.         Obviously, abduction of the complainant has failed on account of his alleged resistance, which appears to be surprising; 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; the case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicant. In these circumstances, a case for release of applicant on bail on point of further inquiry obviously is made out.

5.         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. 

6.         The instant bail application is disposed of accordingly.

JUDGE

JUDGE