ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD
DATE ORDER WITH SIGNATURE OF JUDGE
18.12.2009.
M/s. Riaz Ali Memon and Ali Haider Shah, Advocates for the applicants.
Mr. Shahid Ahmed Shaikh, Assistant Prosecutor General, Sindh.
. . . .
Through this consolidated order I intend to dispose of Cr. B.A.No.S-748 of 2009 and Cr.B.A.No.S-758 of 2009, as both have arisen out of same crime/case.
It is, inter alia, contended by learned counsel for the applicants that the names of the present applicants do not appear in the F.I.R; No recovery has been effected from either of the applicants. The only evidence against the present applicants is the statement of co-accused, who disclosed their names.
The learned A.P.G for the State though opposed the bail applications but he is not in a position to rebut the arguments advanced by the learned counsel for the applicants.
The only evidence against the applicants is the statement of the co-accused and the same is an un-admissible piece of evidence. In the case of PIR MAZHAR-UL-HAQ v. THE STATE (1992 P Cr.LJ 1910) where the evidence against the applicant was judicial confession of the co-accused, he was granted bail by the Honourable High Court. Since the only piece of evidence available against the applicants is the statement of co-accused and except the same prosecution is not in a possession of any material to show any nexus of the present applicants with the commission of present offence, therefore, I am of the considered view that their case falls under sub-section (2) to Section 497 Cr.P.C, and requires further inquiry.
For the foregoing reasons, both the aforementioned criminal application are allowed and the applicants are admitted on bail subject to their furnishing solvent sureties in the sum of Rs.100,000/- (Rupees One Hundred Thousands) each and P.R. Bond in the like amount to the satisfaction of the trial Court.
Bail applications disposed of.
JUDGE