IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Bail Application No. S- 167/2022.
Date of hearing |
Order with signature of Judge |
For hearing of bail application.
O R D E R.
29.04.2022.
Mr. Sudhamchand alias
Sudhamo, Advocate for applicant.
Mr. Shafi Muhammad Mahar, D.P.G along
with complainant Ghulam Nabi Kalwar.
-.-.-.
AMJAD ALI
SAHITO J., Through this order, I intend to dispose of post arrest bail application
filed on behalf of applicant/accused Noor Ahmed son of Ghous Bakhsh, Kalwar in
crime No. 75/2022, offence u/s 337-A(ii) PPC registered at police station ‘A’ Section
Ghotki. Prior to this, applicant/accused
had filed such application for grant of post arrest bail but the same was turned
down by learned I-Additional Sessions Judge/MCTC Ghotki vide order dated 15.04.2022,
hence he has filed instant bail application.
2. The
details and particulars of the FIR are already available in the bail
application and FIR, same could be gathered from the copy of FIR attached with
such application, hence, needs not to reproduce the same hereunder.
3. Learned counsel for applicant
submits that applicant is innocent and has falsely been implicated in this case
due to enmity over ancestral landed property. He further submits that there is
inordinate delay of six days in lodging of the FIR for which no plausible
explanation has been furnished; He
further submits that actually no incident has taken place but the complainant
has lodged a false FIR in order to deprive the accused persons from the landed
property; that the alleged offence 337-A(ii) PPC does not come under prehistory
clause of section 497 Cr.P.C. He lastly prayed for grant of bail.
4. On the other hand learned D.P.G
as well as complainant Ghulam Nabi have vehemently opposed for grant of bail on
the ground that name of applicant/accused appears in the FIR and he is involved
in the commission of alleged offence.
5. I have heard learned counsel
for applicant, learned D.P.G for State as well as complainant who is present in
Court so also have gone through the material available on record.
6. No
doubt the name of applicant/accused transpires in the FIR but the learned
counsel for applicant/accused has provided copies some documents to show that
the civil litigation between the complainant and applicant/accused is pending
before the Court of law hence it will be determined at the time of trial
whether applicant/accused has committed the alleged offence or he has been
booked by the complainant due to enmity over landed property. Furthermore,
alleged offence under section 337-H(ii) PPC is punishable upto five years and
the same does not come under prohibitory clause of section 497 Cr.P.C.
Investigation has been over and challan has been submitted as such present applicant/accused
is no more required for further investigation.
7. In the
view of above, learned counsel for applicant has made out the case for grant of
bail in view of sub-section (2) of Section 497 Cr.P.C. Resultantly the listed
bail application is allowed and applicant/accused Noor Ahmed son of Ghous Bux
Kalwar is granted
post arrest bail subject to furnishing solvent surety in the sum of Rs. 50,000/-
(fifty thousand) and PR bond in the like amount to the satisfaction of learned
trial Court. Learned trial Court is at liberty to take action against the
applicant/accused, if he misuses the concession of bail.
8.
Needless to mention that the
observations made hereinabove are tentative in nature and would not influence
the learned Trial Court while deciding the case of the applicant on merits.
9. The aforesaid bail application stand
disposed of in the above terms.
J U D G E
Irfan/P.A
AMJAD ALI SAHITO J., Through this order, I intend to dispose of post arrest
bail application filed on behalf of applicant/accused Sagheer Ahmed son of
Muhammad Usman bycaste Solangi in crime No.78/2021, offence u/s 458, 364,
120-B, 448, 34 PPC registered at police station Abad District Sukkur. Prior to
this, the applicant/accused Sagheer Ahmed had filed such application for grant
of post arrest bail but the same was turned down by learned Additional Sessions
Judge-II/Gender Based Violence Court, Sukkur vide order dated 27.01.2022, hence
he has filed instant bail application.
2. The details and
particulars of the FIR are already available in the bail application and FIR,
same could be gathered from the copy of FIR attached with such application,
hence, needs not to reproduce the same hereunder.
3. Learned counsel for applicant submits that
applicant is innocent and has falsely been implicated by complainant in his
further statement which was recorded with the delay of eight months and there
is no provision in the law for recording further statement of the complainant.
He further contended that only on the basis of CDR, the applicant/accused was
found to remain in contact with the alleged abductee and as such the applicant/accused
was implicated in this case otherwise he is innocent and lastly prayed for
grant of bail.
4. On the other hand learned counsel for
complainant as well as learned Additional P.G vehemently opposed for grant of
bail to the applicant/accused and stated that on the basis of further statement
of complainant, applicant/accused has been implicated in this case as during
investigation the CDR was collected by the police as such he is not entitled
for concession of post arrest bail.
5. I have heard learned counsel for
applicant, learned counsel for complainant as well as learned Additional P.G
for the State so also have gone through the material available on record.
6. Admittedly the name of present
applicant/accused does not transpire in the FIR but subsequently further
statement of complainant was recorded with the delay of about eight months and
on the basis of CDR collected by the police, the present applicant/accused has
been implicated in this case otherwise no evidence has been brought on record.
No source has been disclosed by the complainant that who has informed the
complainant that the applicant/accused is involved in this case. Mere the
allegation against the applicant/accused that he was in contact with the
alleged abductee without any material / substance does not mean that he is
involved in the commission of offence. Applicant/accused is in Jail, he is no
more required for further investigation.
7. In view of above
discussion, learned counsel for the applicant/accused has made out a good case
for grant of bail in the light of sub
section (2) of Section 497 CrPC, hence the applicant/accused namely Sagheer
Ahmed son of Muhammad Usman Solangi is granted post arrest bail subject to
furnishing solvent surety in the sum of Rs. 100,000/- (One lac) and PR bond in
the like amount to the satisfaction of learned trial Court. Learned trial Court
is at liberty to take action against the applicant/accused, if he misuses the
concession of bail.
8. Needless
to mention that the observations made hereinabove are tentative in nature and
would not influence the learned Trial Court while deciding the case of the
applicant on merits.
9. The
aforesaid bail application stand disposed of in the above terms.
J U D G E
Irfan/P.A