ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S – 280 of 2020

Date Order with Signature of Hon’ble Judge

For hearing of Bail Application

26-06-2020

Mr. Noor Muhammad Memon Advocate for the Applicant

Mr. Abdul Rahman Kolachi, DPG for the State

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Irshad Ali Shah J;- It is alleged that the applicant with rest of the culprits being member of wandering gang associated with intention to commit theft at the place of incident and then made their escape good leaving behind stolen motorcycle when they found police party of PS Jarwar led by ASI Sher Khan coming to them, for that the present case was registered.

2. The applicant on having been refused post-arrest bail by learned IIIrd Additional Sessions Judge, Mirpur Mathelo, has sought for the same from this Court by way of instant application u/s 497 Cr.P.C.

3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police; there is no independent witness to the incident; no independent FIR is lodged for theft of alleged recovered motorcycle and offence alleged against the applicant is not falling within prohibitory clause of section 497 (2) Cr.P.C. By contending so, he sought for grant of post-arrest bail to the applicant on point of further inquiry.

4. Learned D.P.G. for the State has opposed to grant of bail to the applicant by contending that the applicant has committed the offence which is affecting the society at large.

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

6. Nothing has been brought on record by the prosecution which may suggest that the applicant is member of wandering gang which associates habitually to commit theft, which appears to be significant. The identity of the applicant by the police personnel at night time that too under the light of police mobile is appearing to be a weak piece of evidence. There is no independent witness to the incident. The offence alleged against the applicant even otherwise is not falling within prohibitory clause of section 497 (2) Cr.P.C. The grant of bail in such like cases is rule while rejection is exception. No exceptional ground is available, which may justify withholding concession of bail to the applicant. In these circumstances, it is rightly being contended by the learned counsel for the applicant that the applicant is entitled to grant of post-arrest bail on point of further inquiry.

7. In case of Tariq Bashir and 5 others vs. The State (PLD 1995 SCMR 34), it has been held by Hon’ble Apex Court that;-

“—Ss.496 & 497---Bail---Grant of bail in bailable offence is right while in non‑bailable offences the grant of bail is not a right but concession/grace--- Grant of bail in offences punishable with imprisonment for less than 10 years is a rule and refusal an exception.”

8. In view of above, the applicant is admitted to bail subject to furnishing surety in sum of Rs.30,000/- (Thirty thousand) and P.R bond in the like amount to the satisfaction of learned trial Court.

9. The instant bail application is disposed of accordingly.

Judge

Nasim/P.A