ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-01 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

14.01.2022

                        Mr. Khalid Saeed Soomro, Advocate for the applicants.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicants with rest of the culprits, deterred the Wildlife officials from discharging their lawful duty as public servants, when they prevented them from hunting “Houbra bustard”, for that the present case was registered. 

2.         The applicants on having been refused post arrest bail by learned       1^st Additional Sessions Judge/MCTC, Dadu, have sought for the same from this Court by way of instant application under section 497 Cr.PC.

3.         It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the complainant only to extract money from them and the offence alleged against them is not falling within prohibitory clause of section 497 Cr.PC, therefore, they are entitled to their release on bail, as their case is calling for further inquiry. In support of his contention, he relied upon case of         Iftikhar Ahmed Vs. The State (PLD 2021 SC-799).

4.         Learned A.P.G. for the State has opposed to grant of post arrest bail to the applicants by contending that they have actively participated in commission of incident.   

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

6.         There is no independent witness to the incident. The offence alleged against the applicants is not falling within prohibitory clause of section 497 Cr.PC. The case has finally been challaned and there is no allegation of tampering with the evidence on the part of applicants. In these circumstances, obviously a case for release of the applicants on bail on point of further enquiry is made out.

7.         In view of above, the applicants are admitted to bail subject to their furnishing solvent surety in the sum Rs.50,000/- each and PR bonds in the like amount, to the satisfaction of the learned trial Court.

8.         The instant criminal bail application is disposed of accordingly.

                                                                             JUDGE