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