ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Application No.  S-  34 of 2013.

Date of hearing

Order with signature of Judge

18.03.2013.

1. For orders on office objection.

2. For hearing.

Mr. Sarfraz Khan Jatoi, Advocate for applicant.

Mr. Abdul Rasheed Soomro, State Counsel.

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            Mr. Jatoi, at the very outset contended that co-accused Guhram son of Palio Khan was earlier enlarged on bail in the same crime, by order dated 22.2.2013, therefore, keeping in view the rule of consistency the present applicant is also entitled for bail.

            On the other hand learned State Counsel raised no objection for grant of bail to the applicant Khair Jan Jakhrani on the ground raised by the learned counsel for the applicant.

            Perusal of the earlier order whereby the co-accused was granted bail transpires that on many reasons including the delay of seven days in lodging the F.I.R without plausible or satisfactory explanation; the applicant was not nominated in the F.I.R and so also his features and descriptions as to identity has not been shown in the F.I.R, and the applicant has been implicated by the police after recording further statement of complainant and after about 9/10 months with such long and unexplained delay, which carries no evidentiary value.

            Suffice to say that learned State Counsel has no objection for grant of bail to the applicant on the ground of rule of consistency, therefore, the present applicant is granted bail subject to his furnishing solvent surety in the sum of Rs.100,000/- (One hundred thousands) and P.R bond in the like amount to the satisfaction of trial Court.

Judge