IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

LARKANA

Crl. Bail Appln. No. D- 741 of 2023.

Applicant:                   Ameer Ali, through Mr. Habibullah G. Ghouri, Advocate.

Respondent:                The State, through Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

Date of hearing:         14.03.2024.

Date of Order:                        14.03.2024.

ORDER

Muhammad Saleem Jessar, J: Through this bail application, applicant Ameer Ali son of Muhammad Yaqoob Shar seeks his admission to post-arrest bail in Crime      No. 211 of 2022 of P.S Ratodero, registered for offences punishable under Sections 302, 324, 109, 148, 149 P.P.C.

            2.         The bail application moved by the applicant before the learned Additional Sessions Judge, Ratodero, was declined by means of Order dated 22.12.2023, passed in Crl. Bail Appln. No. 70 of 2023.

            3.         Learned counsel for applicant mainly contended that, the applicant was already granted bail on merits by learned trial Court on 22.3.2023 and on following day after furnishing the requisite surety he was released on bail from the jail; however due to some unavoidable circumstances he could not put his appearance before learned trial Court, as such the leraned trial Court ordered issuance of NBWs agaisnt the applicant and notice to his surety. Per learned counsel the applicant was thereafter arrested by police on 18.10.2023 and since then he is lying in jail. Learned counsel submits that the applicant has been sufficiently punished for his absence and he is ready and prepared to furnish solvent and reliable surety for his appearance in the trial Court in future. In support of his contentions, learned counsel for applicant has relied upon cases of Mazhar Hussain v. The State (2017 SCMR 1936), Hussain Bux v. The State (2013 MLD 170), Godho alias Muhammad Siddique v. The State (2012 YLR 2822), Zaheer Ahmed v. The State (1983 P.Cr.L.J 2600), Dosoo v. The State (2003 P.Cr.L.J 933) and Faraz Shah (2011 MLD 535).

            4.         Learned D.P.G appearing for the State assisted by leaned Advocate for complainant opposed the grant of bail to applicant on the grounds that the applicant after grant of bail absconded away, as such he has misused the concession of bail, as such there is every likelihood that he would again abscond after grant of bail.  Learned Advocate for complainant relied upon case of Mst. Mastari v. The Noor Nawaz alias Noor Niaz (1999 P.Cr.L.J 616) and Mehboob v. The State (2017 MLD 596).

            5.         The contentions as raised by learned counsel for the applicant are borne out from the record. It appears that the applicant was already admitted to bail on merits, however due to his non-appearance his bail was cancelled and ultimately on his arrest by the police in some other case on 18.10.2023, he was sent to jail and since then he has been behind the bars. It seems that the applicant has been sufficiently punished for his non-appearance. Moreover, per contents of the FIR the applicant has not been assigned any specific or active role of causing any injury to any member of complainant party except allegation of abetment.  

            6.         In the cases relied upon by learned Counsel for the applicant, the accused were admitted to bail in similar circumstances. 

            7.          Accordingly, in view of the dicta laid down in the cases (supra), this bail application is hereby allowed. Consequently, applicant Ameer Ali is admitted to bail upon his furnishing two solvent sureties, each in the sum of Rs.3,00,000 (rupees three hundred thousand) and P.R. bond in the like amount to the satisfaction of the trial Court.

                                                       Judge

Ansari