IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Bail Appln. No.S-415   of  2023

Khan Mohammad @ Khan Bahadur Soomro

Vs

The State

Applicant           :   Through Mr. Mohammad Afzal Jagirani Advocate.

State                 :   Through Mr. Ali Anwar Kandhro, Additional

                              Prosecutor General. 

Date of hearing      :  03.08.2023.

Date of Decision    :  03.08.2023.

O R D E R.

                        Applicant Khan Mohammad alias Khan Bahadur son of Mohammad Siddique Soomro seeks pre-arrest bail in Crime No.143/2023, registered at Police Station Kashmore, District Kashmore at Kandhkot, for offence under Sections 462-B, 462-F, 427, 511, PPC.

            2.         The details and particulars of the FIR are already available in the bail application and crime report, same could be gathered from the copy of FIR attached with the bail application, hence needs not to reproduce the same hereunder.

            3.         Per learned Counsel that the applicant/accused is innocent, he has falsely been implicated in this case; however, he admits that the applicant is owner of the agricultural land, but he has been falsely implicated by the complainant party; otherwise, they are involved in the theft of the oil from the pipeline of PARCO. He further contended that the case has been challaned, the applicant/accused is regularly attending the Court and he is no more required for further investigation.

            4.         On the other hand, learned Addl. P.G. vehemently opposed for grant of bail.

            5.         Heard learned Counsel and perused the record.

            6.         Perusal of record reflects that complainant party belonging to PARCO were on patrolling, during which they received the information that in the agricultural land of applicant/accused the valve and pipeline was installed, on which the complainant party searched in the land of the applicant, dug out the land and found iron clip of high pressure valve was installed along with 18 inch pipe for theft of State Oil. On such information, the senior officer of the PARCO also appeared there and after removing the same the pipeline was restored and the plastic pipe and the iron clip along with valve were handed over to the police under the memo. Admittedly, the land belongs to the applicant/accused. No enmity has been pointed out by learned Counsel for the applicant to believe that he has falsely been implicated in this case. At bail stage, only tentative assessment is to be made. The prosecution witnesses fully supported the version of the complainant. Sufficient evidence is available on the record to connect the applicant with commission of alleged offence. Learned Counsel for the applicant/accused has failed to make out case for grant of pre-arrest bail, in view of sub-section (2) of Section 497, Cr.P.C.

            7.         In view of above, the instant bail application is dismissed. Interim pre-arrest bail already granted to the applicant/accused is hereby recalled.

                                                                                                JUDGE

Qazi Tahir PA/*