IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No.S-644 of 2025

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

1. For orders on O/objection at flag-A.

2. For hearing of post-arrest bail.

Date of hearing 06.10.2025.

Mr. Javed Iqbal Shaikh, Advocate for applicant.

Mr. Mansoor Ahmed Shaikh, Deputy Prosecutor General for State.

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O R D E R

Though counsel for the complainant is absent and the complainant present requires adjournment on this ground however, this case was heard earlier also and today the matter was kept as to the availability of FIR for Crime No.212/24 u/s 379 PPC in respect of which learned counsel for the applicant contends that in the said Crime ‘A’ Class report has been submitted which is not rebutted by the other side. Present applicant having been nominated in subject FIR under Crime No.183 of 2024 Police Station Gambat for offences u/s 395, 342 PPC whereby it is alleged that huge quantity of mobiles were taken away.

Learned counsel for the applicant on the earlier date had contended that no recovery has been effected in respect to the present applicant and that the present applicant was available to the police and was thereafter nominated in different crimes.

Learned Deputy Prosecutor General however, contended that the custody of the present applicant was never available for proper investigation as he was required to be investigated in the jail in respect of which revision was also filed. It is recalled that the learned counsel for the complainant also required the bail application to be dismissed on account of the same ground that the custody was never available for proper investigation. Today learned DPG has also contended that the earlier bail application before the learned Sessions Judge filed by the applicant was dismissed on account of the applicant having never jointed investigation.

The record however shows that the custody of the present applicant was available to the police, the same is attributed to a different crime however, the said custody in the fore-mentioned FIR and its eventuality alongwith the delay in lodging of the present FIR shows otherwise and in the said circumstances the matter of applicant not being available for investigation loses its value. No recovery having been effected in respect of present applicant. The case of further inquiry is found available and accordingly the bail application is allowed. The applicant is admitted to post-arrest released him on bail subject to furnishing his solvent surety in the sum of Rs.100,000/- (Rupees One lac) and PR bond in the like amount to the satisfaction of learned trial Court.

Needless to mention here that observation as above are tentative in nature and not meant to affect merits of the case before the learned trial Court.

Bail application stands disposed of in the above terms.

J U D G E

Ihsan/PS.