ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                            Cr.Bail.Appl.No.S- 407   of  2013

DATE        ORDER WITH SIGNATURE OF JUDGE

28.06.2013.

Mr. Badal Gahoti, Advocate for applicant.

Mr. Shahid Shaikh, A.P.G. for the State.

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            The applicant was granted bail vide order dated 12.08.2011 and he furnished surety and released on bail. Later on he jumped his bail and thereafter, surety produced him before the trial Court on 21.12.2012 where his surety was penalized for non-compliance of the Court order by the accused. Thereafter, the applicant moved an application where the alleged victim Shrimati Bhagan, the complainant who as per the FIR has alleged commission of Zina against the present applicant, has sworn her affidavit, stating therein that he has not committed Zina with her. The trial Court dismissed the bail application on merits and so also observed that accused is fugitive from law and rejected his bail application on 15.03.2013, thereafter he approached this Court.

            The learned counsel for the applicant contends that after his surrender, the applicant has remained in jail for more than six months and the complainant has sworn her affidavit, exonerating the applicant. He has contended that on merits vide order dated. 12.08.2011 the present applicant was released on bail therefore, his rejection of bail on merits is contrary to the Court’s own order dated 12.08.2011 and the only ground of abscondence was available with the Court for rejecting the bail application for which the applicant has been sufficiently punished. He placed reliance on the case of Dosoo Vs. The State (2003 P.Cr.L.J 933).

             Learned A.P.G. for the State has recorded no objection in view of the case cited above but stated that bond amount may be extended from the previous one so that he may not jump his bail again.

            Admittedly, the present applicant was granted bail on merits after considering the merits of the case on 12.08.2011. The alleged victim/complainant Mst. Bhagan has sworn her affidavit before the trial Court as well as before this Court, stating therein that present applicant has not committed Zina with her and she has not nominated the present applicant in FIR therefore, in these circumstances, on merits the applicant has got a good case for grant of bail. So far as, his remaining absconder and jumping out the bail is concerned, he has remained absconder for about 16 months and thereafter, he has surrendered before the trial Court vide order dated 21.12.2012 and action was also taken against the surety. After his surrendering, he has remained in jail for more than six months and has been sufficiently punished. Therefore, in the circumstances, relying on the case law cited above, the applicant has succeeded to make out a case for grant of bail. Accordingly, in the interest of justice, he shall be released on bail if he furnishes two reliable and solvent surities in the sum of Rs.100,000/- (One lac) each and P.R. Bond in the like amount to the satisfaction of the trial Court.

                                                                                                            JUDGE                                                          

Tufail