ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                Cr. Bail Appln. No.S- 373 of 2011.

DATE         ORDER WITH SIGNATURE OF JUDGE

26.09.2011.

Mr. Ghulamullah Chang Advocate for Applicant.

Mr. Shahzado Saleem Nahyoon, Assistant. P.G.

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Applicant Qabil along with others has been booked in Crime No. 20/2010 of P.S Khahi, District Sanghar for offence punishable U/s 17(3) Offences against property (Enforcement of Hudood) Ordinance, 1979.

            At very outset, learned Counsel for the Applicant contended that the F.I.R. is belated by eight (8) days without any plausible explanation; that the place of occurrence is a thickly populated but no person of the locality has been cited as witness. He further contended that the Complainant and two eyewitnesses have been examined and their statements are inconsistent.

            Conversely Mr. Shahzado Saleem Nahyoon learned Assistant P.G opposed the bail plea on the ground that the material witnesses have been examined and two/three witnesses yet to be examined and at this stage bail cannot be granted. In support of his contention he has placed reliance on the case of Haji MUHAMMAD NAZIR v. State (2008 SCMR 807).

            Apparently, the name of the Applicant transpires in the F.I.R and he is charged with heinous offence. As far as the delay in lodging the F.I.R. is concerned, the same has been plausibly explained, however, as far as another aspect of the case i.e. evidence is concerned, the trial is in progress and is about to conclude.

            At this stage, following the principle laid down by the Honourable Supreme Court in the case of Haji MUHAMMAD NAZIR (supra) I do not find any merit in the instant application; which is accordingly dismissed.

                                                                                                                                                                                                                                                JUDGE