IN THE HIGH COURT OF SINDH,BENCH AT SUKKUR

Criminal Bail Application No.S-18 of 2020

Applicant/accused : Gul Khan S/o Chunan Chohan

Through Mr. Alam Sher Bozdar, Advocate

The State : Through Mr. Abdul Rehman

Kolachi, DPG

Date of Hearing : 10.02.2020

O R D E R

ZULFIQAR ALI SANGI, J.- Through this bail application the applicant/accused named above seeks post-arrest bail in Crime No.131 of 2019, for the offences punishable under Sections 452, 354, 506/2, 147, 148 &149 PPC, registered at Police Station Pano Akil, District Sukkur. Earlier his bail application was dismissed by learned Additional Sessions Judge, Pano Akil vide order dated 20.11.2019.

2. The facts of the prosecution case are mentioned in the FIR attached with the memo of bail application and the same are not to be re-produced in view of the case of Mohammad Shakeel v. The State and others reported as PLD 2014 SC 458.

3. Learned counsel for applicant/accused submits that there is general role against applicant/accused; that there is delay in registration of FIR, which has not been plausibly explained by the complainant; that bail before arrest of co-accused Mst. Azizan and Imam Bux was confirmed by this Court on 03.01.2020 and the role against applicant/accused is of similar to that of co-accused who have been granted bail, thus, applicant/accused is also entitled to be enlarged on bail.

4. Learned DPG in view of order dated; 03.01.2020, passed by this Court conceded for grant of bail.

5. Admittedly, the alleged incident took place on 25.08.2019, FIR whereof was registered on 09.10.2019 and complainant has not explained such delay. The applicant/accused had moved an application to SSP Sukkur prior to registration of instant FIR, which was forwarded to the SHO Police Station Pano Akil for conducting inquiry and taking legal action. Since, on similar circumstances, this Court has already granted pre-arrest bail to co-accused Mst. Azizan and Imam Bux and the allegations against applicant/accused are mostly of same nature, thus, in my humble view, the applicant/accused has made out his case for grant of bail on rule of consistency so also on merits.

6. Under these circumstances, titled bail application is allowed and the applicant/accused shall be released on bail, subject to his furnishing solvent surety in the sum of Rs.100,000/- (Rupees one lac) and PR Bond in the like amount to the satisfaction of trial Court. This Court has already directed the learned trial Court to decide the matter within three months under intimation to this Court.

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JUDGE

G.M/Steno