ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Criminal Bail Application No.S-482 of 2010

DATE                                     ORDER WITH SIGNATURE OF JUDGE

FOR HEARING.

02-12-2010

Mr. Dilbar Khan Leghari, Advocate for applicant along with applicant.

Syed Meeral Shah, D.P.G Sindh.

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            Through this application, applicant seeks pre-arrest bail in crime No.72/2009 of PS Taluka, Nawabshah, registered under sections 380 & 457 P.P.C.

            It is inter alia, contended that F.I.R is belated by 3 days without any plausible explanation. Per learned counsel name of the applicant does not find place in the F.I.R.; co-accused Ali Akbar has been granted interim pre-arrest bail by this Court vide order dated 06-01-2010, which was subsequently confirmed on 07-05-2010. It is urged with vehemence that the case of present applicant is on better footings to that of case of co-accused Ali Akbar as the name of applicant does not find place in the F.I.R and he has been implicated in this case only on the statement of co-accused Faiz Muhammad. It is lastly contended that even co-accused Faiz Muhamamd has been granted post arrest bail by the trial Court. In support of his contention, he has placed on record photo stat copy of order dated 07-05-2010 passed by this Court in Criminal Bail Application No.S-14 of 2010, by which interim pre-arrest bail of co-accused Ali Akbar has been confirmed.

            Conversely Syed Meeral Shah, D.P.G Sindh for the State very candidly conceded the prayer of the applicant and did not oppose to the confirmation of bail.

            Heard learned counsel for the parties and perused the record.

            Admittedly name of the applicant does not appear in the F.I.R. Only evidence against present applicant is statement of co-accused. Co-accused Ali Akbar has been granted pre-arrest bail by this Court whereas co-accused Faiz Muhammad has been  granted post arrest bail by the trial Court.

            In view of above, I am of the considered view that the applicant also deserves the same concession under doctrine of consistency. In the circumstances, interim pre-arrest bail granted to the applicant on 06-07-2010, is hereby confirmed on the same terms and conditions.

            Criminal Bail Application stands disposed of.

JUDGE

A.C