ORDER SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Criminal Bail
Application No.S- 402 of 2014
DATE ORDER WITH SIGNATURE OF
HON’BLE JUDGE
1- For
orders on M.A.No.4736/2013
2- For
hearing.
11th. September, 2015.
Mr.
Shahid Ali K.Memon,
Advocate along with Applicant.
Mrs.
Amber Iqbal, Advocate for Complainant.
Mr.
Abdul Rehman Kolachi, A.P.G
for State.
Learned Counsel for
applicant/accused submits that the applicant is innocent and has been falsely
implicated in the instant crime at the
behest of complainant, whereas, there is unexplained delay of 08 days in lodging
of the F.I.R. Learned Counsel further submits that no recovery of whatsoever
has been affected from applicant/accused, whereas, co-accused Manzoor @ Karo from whom
allegedly the snatched motorcycle was recovered has been granted bail by
learned trial Court who has refused the pre-arrest bail of present
applicant/accused without any reasonable ground. It is further contended that
the applicant/accused is regularly attending the trial Court as well as this
Court after grant of interim
pre-arrest bail and has never misused such concession of grant of
interim pre-arrest bail and
requests that the interim pre-arrest bail granted to the applicant/accused may
be confirmed on similar terms.
Learned Counsel for
Complainant as well as A.P.G for State, in view of hereinabove facts do not
controvert such position, however submit that co-accused Manzoor
@ Karo has been granted bail after arrest by the
trial Court.
It appears that the
applicant/accused was granted interim pre-arrest bail by this Court vide order
dated 09.7.2014, whereafter he has reportedly
attended the trial Court regularly as well as this Court and has not misused
the grant of interim pre-arrest bail. It has been further informed that the
trial has been concluded and it is now fixed for final arguments, therefore, no
useful purpose will be served, if the pre-arrest bail of the applicant/accused
is dismissed at this stage. Accordingly, the interim pre-arrest bail granted to
applicant/accused in terms of order dated 09.7.2014 is confirmed on same terms and
conditions. However, the applicant/accused is directed to attend the trial
Court regularly without fail, failing which the trial Court shall be at liberty
to proceed against him for cancellation of his bail, in accordance with law.
Bail application along
with listed application stand disposed of.
JUDGE
A.R.BROHI