ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-623 of 2021

Date	Order with signature of Judge

Applicant: Imamuddin Siyal, through

Mr. Noor Muhammad Siyal, Advocate

Complainant: Abdul Haq, through

Ms. Irshad Nawaz Kalwar, Advocate

State: Through Mr.Khalil Ahmed Maitlo, DPG

Date of hearing: 26.11.2021

Dated of order: 26.11.2021

O R D E R

Zulfiqar Ali Sangi, J: Applicant/accused Imamuddin son of Qaimuddin Siyal, is seeking his post-arrest bail in FIR No.35/2021, registered at Police Station Adilpur, under sections 364, 511, 420, 506/2 PPC. His earlier post-arrest bail plea was declined by the learned II-Additional Sessions Judge, Ghotki vide order dated 03.05.2021. After rejection of his bail application, he approached this court for the same relief.

2. As per FIR, the complainant Abdul Haq Kalwar sold two tractors to co-accused Rahzan on credit basis but who did not pay the said amount to the complainant within stipulated period. Thereafter present accused along with co-accused issued threats to the complainant and restrained not to demand the said amount and tried to kidnap the complainant.

3. Learned counsel for the applicant has contended that there is delay of six months in registration of FIR which has not been explained properly. He next contended that the allegation against the present applicant is only of attempt to kidnap the complainant and he has been falsely involved only to blackmail him because of relationship with co-accused Rahzan. He prayed for grant of post-arrest bail.

4. Counsel for the complainant opposed the grant of bail on the ground that the applicant is nominated in the FIR as such he is not entitled for concession of bail.

5. Learned DPP conceded for granted of bail and contended that the allegation against the applicant is of only attempt to kidnap the complainant and the delay in FIR has not been explained.

6. I have heard the learned counsel for the parties and perused the material available on record with their able assistance.

7. Admittedly there is delay of six months in lodging of FIR which has not been explained properly. As per contents of FIR there is dispute of civil nature between complaint and co-accused Rahzan not with the present applicant and allegation against the present accused as per FIR is of only attempt to kidnap which will be determined at the trial after recording evidence. It is settled principle of law that the deeper appreciation of evidence is not permissible at bail stage and bail application is to be decided tentatively on the basis of material available on record. From the tentative assessment of the material available on the record, the applicant has made out his case for grant of post-arrest bail. Resultantly, his bail application is allowed and applicant is admitted to post-arrest bail subject to furnishing solvent surety in the sum of Rs.50,000/-(rupees fifty thousands) and P.R bond in the like amount to the satisfaction of the trial court.

8. Observations made herein above are tentative in nature and will not cause any prejudice to either party at the trial.

JUDGE

Suleman Khan/PA