IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

LARKANA

Crl. Bail Appln. No. S- 708 of 2023.

Applicant:                   Habib-u-Rehman Panhwar, through Mr. Muhammad Ali A. Pirzada, Advocate.

Respondent:                The State, through Mr. Ali Anwar Kandhro, Additional Prosecutor General.

Date of hearing:          28.12.2023.

Date of order:             28.12.2023.

ORDER

Muhammad Saleem Jessar, J: Through this bail application, applicant Habib-u-Rehman son of Zia-u-din Panhwar seeks post arrest bail in a case registered against him vide Crime No. 85 of 2023 at P.S  Waggan, under Sections 393, 394, 114 and 34 P.P.C.

2.         Heard learned counsel for the applicant, as well as learned Addl. P.G.  appearing for the State.

3.         On tentative assessment of the record, it appears that, there is delay of 25 days in lodging of the F.I.R, which is fatal to the prosecution. The allegation against applicant is that of attempt to commit robbery, which falls under Section 393 P.P.C and is punishable for seven years and fine. The co-accused Khalil Ahmed has been granted pre arrest bail. Moreover, the applicant has been in jail since date of his arrest and challan of the case has been filed; as such he is no more required for the purpose of investigation and his continuous custody in jail is not likely to serve any beneficial purpose at this juncture.

4.         For these reasons the applicant appears to be entitled to grant of discretionary relief of bail. Accordingly, the instant bail application stands allowed. The applicant is granted bail upon his furnishing a solvent surety in the sum of Rs.100,000/- (One hundred thousand rupees) and P.R bond in the like amount to the satisfaction of trial Court.

5.         Before parting with this order, it is made clear that, observations made herein above are tentative in nature and would not prejudice case of either party at trial.

                                                       Judge

Ansari