IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-474 of 2018

Applicants               :              1) . Dilawar son of Jamal

2). Babal s/o Dilawar Kosh             

Through Mr.Muhammad Murad Chachar, Advocate

State                    :                  Through Mr.Raja Imtiaz Ali Solangi, A.P.G.

Date of hearing   :                  18.10.2018

Date of order      :                   18.10.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the present applicants with rest of the culprits, committed theft of motorcycle of the complainant from his house, for that the present case was registered.

2.                On having been refused post-arrest bail by learned 2^nd Judge & Judicial Magistrate, Kashmore and learned incharge Sessions Judge, Kashmore @ Kandhkot, the applicants have sought for the same from this Court by way of instant application u/s.497 Cr.PC.
3.                It is contended by learned counsel for the applicants that they being innocent have been involved in this case falsely by the complainant party, the very case is managed, the recovery is managed, there is unexplained delay of about two days in lodgment of the FIR, the applicants are in jail for more than three months, the offence is not falling within the prohibitory clause of section 497 Cr.PC. By contending so, he sought for release of the applicants on bail on point of further enquiry. In support of his contention he relied upon case of Manzoor Ali @ Mumtaz Vs. State (2001 PCr.LJ-344).

4.                Learned A.P.G for the State has opposed to grant of bail to the applicants by contending that on arrest from them have been secured the crime weapons and the stolen motorcycle.

5.                I have considered the above arguments and perused the record.

6.                There is delay of about two days in lodgment of the FIR, the identity of the applicants is based under the light of bulb, which is appearing to be weak piece of evidence, the recovery is alleged to be managed, the offence is not falling within prohibitory clause of Section 497 Cr.PC, the applicants are in custody for more than three months. In these circumstances, it is rightly being contended by learned counsel for the applicants that they are entitled to be released on bail on point of further enquiry.

7.                In view of above, while relying upon case law which is referred by learned counsel for the applicants, the applicants are admitted to bail subject to furnishing surety in the sum of Rs.30,000/- each and P.R bond in the like amount to the satisfaction of learned trial Court.  

8.                The instant application is disposed of accordingly.

                                                                            J U D G E

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