ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Bail Appln.  No.S-320   of  2012

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

17.08.2012.

1. For orders on office objections.

2. For Hearing.

Mr. Imdad Ali Mashori, advocate for the applicant/accused.

Miss Rubina Dhamrah, State Counsel.

Mr. Muhammad Saleem Jesar, advocate for complainant.

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                   Applicant/accused Muhammad Yousif Kanrani seeks bail in crime No.11/2012, registered against him at P.S Garhi Hassan, District Jacobabad, on 04.6.2012, under Sections 337-A(i), -A(ii), 337-F(i), 337-U, 147, 148, 149, 504, 506/2, PPC.  Bail application was moved before the Court of learned Sessions Judge, Jacobabad, the same was rejected vide order dated 02.7.2012.  Thereafter, applicant/accused has approached to this Court.

                   Mr. Imdad Ali Mashori, learned advocate for the applicant/accused contended that alleged offence does not fall within the prohibitory clause of Section 497, Cr.P.C.  Complainant has sworn the affidavit, in which he has stated that he had not given the name of applicant/accused in the F.I.R.  In support of his contentions learned Counsel relied upon case Muhammad Najeeb v. The State, 2009 SCMR 448.

                   Learned State Counsel and complainant recorded no objection if bail is granted to applicant/accused.

                   The complainant initially had nominated the applicant/accused in the F.I.R, in which specific role was assigned to the applicant/accused of causing injury to P.W Mst. Parveen, but later-on through an affidavit he has stated that he had not named the applicant/accused in the commission of offence.  Learned State Counsel and complainant recorded no objection.  Apparently, this is the case of two versions.  Rightly reliance has been placed upon above-cited authority.  Case against the applicant/accused prima facie requires further enquiry as contemplated under subsection (2) of Section 497, Cr.P.C.  Concession of bail is extended to the applicant/accused upon his furnishing solvent surety in the sum of Rs.100,000/- and P.R bond in the like amount to the satisfaction of the trial Court.

                   The bail application is disposed of.

                                                                                                JUDGE