ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No.S – 589 of 2021

Date of hearing

Order with signature of Judge

 

For hearing of bail application

(Notice issued)

 

Date of hearing:      21.10.2021

Date of order:          21.10.2021

 

 

Mr. Arz Muhammad Panhyar, Advocate for applicant.

Syed Sardar Ali Shah Rizvi, Deputy Prosecutor General.

 

O  R  D  E  R

 

MUHAMMAD SALEEM JESSAR, J.                   Through instant bail application, applicant Jam Khushhal Chachar seeks post arrest bail in Crime No.21/2021 PS
B-Section, Ghotki, for offence under Sections 336-B, 324 PPC. Earlier his bail application was declined by the 2nd Additional Sessions Judge, Ghotki vide order dated 21.08.2021.

2.         Heard and perused the record.

3.         Learned DPG does not oppose the bail application.

4.         The complainant in spite of service has chosen to remain absent. Per FIR, the name of applicant Jam Khushhal Chachar is not mentioned; however, complainant of the case after about five months of the registration of FIR viz. on 01.08.2021 was examined by the Investigating Officer and got recorded his further statement, whereby he (complainant) disclosed name of present applicant Jam Khushhal Chachar and others. Per his further statement, the complainant has not specified role of the applicant except mere his presence along with
co-accused. Under the scheme of Criminal Procedure Code of 1898, no specific provision is available through which it could be deduced that further statement has got evidentiary value. Moreover, the supplementary statement was brought on record after about five months from registration of the case. It is well-settled principle of law that further statement may not be equated with FIR nor it could be believed in toto unless any concrete material connecting the accused with commission of offence is brought on record. Reliance can be placed upon the case of LAL MARJAN and another v. ISLAM GUL and others (2021 SCMR 301), and HAIDER ALI v. The STATE and others (2021 SCMR 629).

5.         In view of above legal position a prima facie case of further enquiry is made out. Consequently, this bail application is hereby allowed. Applicant Jam Khushhal Chachar shall be released on bail subject to his furnishing solvent surety in the sum of Rs.100,000/- (One lac) and PR bond in the like amount to the satisfaction of the trial Court.

 

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N.M.