ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-398 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

 

25.10.2021

 

                        Mr. Kamran Ali Gorar, Advocate for the applicant.

Mr. Abdul Ghaffar, Addl. Prosecutor General for the State.

 

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IRSHAD ALI SHAH - J;- It is alleged that the applicant being WHC in police department demanded and accepted bribe of rupees ten thousand from complainant PC Ali Zaib for extending him favour in discharge of his duty, for that the present case was registered.

                        The applicant on having been refused pre-arrest bail by learned Special Judge Anti-Corruption (Provincial), Larkana, has sought for the same from this Court by way of instant application under section 497 Cr.PC.

                        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant on account of official rivalry and the offence alleged against the applicant even otherwise is not falling within the prohibitory clause; therefore, the applicant is entitled to grant of bail on point of further inquiry.

                        Learned Additional Prosecutor General for the State has opposed to grant of bail to the applicant by contending that he was apprehended at the spot and from him has been secured the bribe through a trap.

                        I have considered the above arguments and perused the record.

                        Admittedly, the applicant is a police official and he allegedly demanded bribe of rupees ten thousand from the complainant who is also a police personnel only to extend favour to him in discharge of his duty. The applicant accepted such bribe and was apprehended at the spot by the police together with bribe money and such proceedings were supervised by the Magistrate having jurisdiction and they obviously were having no ill-will against the applicant to have involved him in this case falsely. In that situation, it would be premature to say that the applicant is innocent. The applicant could not claim his release on bail as matter of right only for the reason that the offence alleged against him is not falling within the prohibitory clause, it is falling within the exceptional clause, as it is affecting the society at large. There appear reasonable grounds to believe that the applicant has committed the offence with which he is charged. No case for grant of bail to the applicant is made out. Consequently, the instant bail application is dismissed with direction to the learned trial Court to expedite the disposal of the case against the applicant preferably within three months.

 

J U D G E