ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-389 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

17.08.2020

Mr. Syed Soofan Shah, Advocate for the applicant

                        Mr. Abid Ali Chandio, Advocate for complainant

Mr. Muhammad Noonari, Deputy Prosecutor General

                        ~.~.~.~.~.~.~.~.~.~.~

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, committed theft of Electric Motor and breaker from the land of complainant Abdul Majeed, for that the present case was registered.

2.        The applicant on having been refused post-arrest bail by learned 2^nd Civil Judge & Judicial Magistrate, Mehar, and learned     1^st Additional Sessions Judge, Mehar, has 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 applicant that he being innocent has been involved in this case falsely by the complainant party in order to satisfy his dispute with him over the landed property; the FIR of the incident has been lodged with delay of about three days; the alleged recovery of Electric Motor being available in market has been foisted upon the applicant and the offence alleged against the applicant is not falling within prohibitory clause of Section 497 Cr.PC. By contending so, he sought for release of the applicant on bail on point of further inquiry.

4.        Learned D.P.G. for the State has recorded no objection to grant of bail to the applicant, while learned counsel for the complainant has objected to grant of bail to the applicant by contending that he has committed the offence which is affecting the society at large.

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

6.        The FIR of the incident has been lodged with delay of about three days, such delay having not been explained plausibly could not be overlooked. The identity of the applicant at night time under the light of bulb is appearing to be weak piece of evidence. The civil litigation between the parties is said to be going-on. The offence alleged against the applicant is not falling within the prohibitory clause of section 497 Cr.PC and learned D.P.G for the State has recorded no objection to grant of bail to the applicant. In these circumstances, it is rightly being contended by learned counsel for the applicant that a case for release of the applicant on point of further inquiry is made out.

7.        In view of above, the applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.30,000/- and P.R bond in the like amount to the satisfaction of learned trial court.

8.        The instant bail application is disposed of accordingly.

J U D G E