ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-509 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

22.11.2021

                        Mr. Muhammad Afzal Jagirani, Advocate for the applicant.

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

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of the culprits by committing trespass into house of complainant Abdul Razzaq committed theft of his two buffaloes, for that the present case was registered.

                        The applicant on having been refused post-arrest bail by learned 5^th Judicial Magistrate, Larkana and Sessions Judge, 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; the FIR of the incident has been lodged with delay of about eight months and the identity of the applicant under bulbs light is weak piece of evidence, therefore, the applicant is entitled to grant of post-arrest bail on point of further inquiry.

                        Learned Assistant Prosecutor General for the State has opposed to grant of post-arrest bail to the applicant by contending that he has committed the offence which is affecting the society at large.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about eight months and such delay having not been explained plausibly could not be overlooked. It was night time incident, therefore, the identity of applicant under light of bulbs is appearing to be weak piece of evidence. Nothing has been secured from the applicant even after his arrest. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicant. In these circumstances, the applicant is found entitled to grant of post-arrest bail as his case is calling for further inquiry.

                        In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.30,000/-and PR bond in the like amount to the satisfaction of learned trial Court.

                        The instant bail application is disposed of accordingly.     

                                                                                                   J U D G E