ORDER
SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Bail
Application No. 258 of 2016
______________________________________________________________________ DATE ORDER WITH SIGNATURE
OF JUDGE ______________________________________________________________________
For hearing
(Notice
issued to DPG)
11-05-2016.
Mr.
Sher Muhammad K.Shaikh
Advocate for applicant/accused.
Mr.
Abdul Rehman Kolachi A.P.G
-------------
It is, inter alia, contended by the
learned counsel for the applicant/accused that applicant/accused is innocent
who has been falsely implicated by the police in crime No. 05/2015 registered at
Police Station Teepani Bahleem
on the allegations of purported police encounter, whereas, according to learned
counsel for applicant/accused, neither any one from either side sustained any
injury nor even police the mobiles have been damaged out of such police
encounter which allegedly continued for about ten minutes. Moreover, per
learned counsel, as per contents of F.I.R, present applicant/accused Aijaz son of Khadim Junejo has been shown empty handed at the place of alleged
incidence which never occurred. Per learned counsel, no arms or bullets have
been recovered from the applicant, hence the applicant/accused is entitled to
be released on bail as the case against applicant is totally false and the
matter requires further inquiry.
It has been further submitted by learned counsel that under similar
circumstances this Court has been pleased to grant bail to the
applicant/accused Shahzado in crime No. 166/2015
registered at Police Sobhodero, vide order dated
14.04.2016, copy of such order has been placed on record.
Learned A.P.G, after perusal of the
record could not controvert the submission made by learned counsel for the
applicant/accused and submits that applicant/accused Aijaz son of
Khadim Junejo may be
released on bail as the matter requires further enquiry.
We are of the opinion that
applicant/accused has made out a case of further inquiry as he has been shown empty
handed and no crime weapon has been recovered from him, whereas, no one has
received any arms injury out of alleged police encounter which continued for
about ten minutes. Accordingly, the applicant/accused Aijaz
Junejo is granted bail in the sum of rs. 100,000/-
(One lac) and PR bond in the like amount to the satisfaction of trial Court,
however, the applicant/accused shall attend the trial Court regularly without
fail.
J U D G E
`
Irfan/PA J U D G E