ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANO

Cr. Bail Application No. S-714   of  2023

Applicants:                                        Iftikhan alias Muhammad Iftikhar son of Allah Bachayo Khokhar(on bail)  through Mr.Muhammad Afzal Jagirani, Advocate.  

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

Date of hearing    :  11.01.2024

Date of order       :  11.01.2024

O R D E R

Muhammad Saleem Jessar, J.- Through this bail application, the applicant seeks their admission on pre-arrest bail in crime No.149/2023, registered at Police Station  B-Section, Kandhkot, for offence under sections 420, 406, 506/2, 34, PPC. The applicant filed anticipatory bail application No.897/2023 before the Court of Sessions Judge, Kashmore at Kandhkot, which subsequently was assigned to Additional Sessions Judge-II, Kandhkot, who after hearing the parties dismissed the bail application vide order 15.11.2023; hence, this bail application has been maintained. 

2.         The facts of the prosecution case, in brief, are that on 18.10.2023, at 4.00 p.m. at Kohinoor Mills, Kandhkot, present applicant along with two others, pointed TT Pistols upon complainant Ghulam Nabi Bhayo and extended him threats of murder, as the complainant was demanding his due money in respect of Milk Tank purchased from by co-accused Nasrullah Khokhar.

4.          Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case with malafide intention; that the FIR is delayed for about 13 days and no plausible explanation has been furnished by the prosecution for such delay. He next submits that the alleged amount of complainant was due against co-accused Nasrullah Khokhar and the applicant has nothing to do with such transaction; that the offence with which the applicant is charged does not fall within prohibitory clause of Section 497, Cr.P.C, besides the case has been challaned and the applicant after furnishing surety before this Court has joined the trial proceedings.

5.         Learned Additional Prosecutor General for the State, after consulting the record, does not oppose the bail application, particularly in view of the fact that the offence does not fall within prohibitory clause of Section 497, Cr.P.C.

6.         The complainant despite notice has chosen to remain absent.

7.         Heard learned counsel for the applicant, learned Addl. PG for the State and perused the record.

8.         Admittedly, the F.I.R is delayed for 13 days, for which no plausible explanation has been furnished by the prosecution. The delay in criminal cases has always been held by the Superior Courts to be fatal for the prosecution. The alleged offence does not fall within prohibitory clause of Section 497, Cr.P.C. Per FIR, the alleged transaction of sale and purchase of Milk Tank is shown between complainant and co-accused Nasrullah Khokhar. There is general allegation against all the accused persons and no overt act is assigned to the applicant. The case has been challaned and the applicant after furnishing surety before this Court has joined the trial, which is now said to be fixed before the trial court on 12.01.2024. The complainant as well as PWs still have to record their evidence before trial court and after such exercise, if the prosecution succeeds to prove charge against the accused, then they will be treated according to law. The case has been challaned and applicant is not alleged to have misused the concession of ad-interim pre-arrest bail extended to him.

9.         In view of above, instant bail application is allowed and the interim pre-arrest bail granted to applicant on 30.11.2023, is hereby confirmed on same terms and conditions. 

                                                                                                                      JUDGE

Qazi Tahir/-