IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No.S-269 of 2022

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE.

1. For orders on O/objection at flag-A.

2. For hearing of bail application.

Date of hearing 01.08.2022

Mr. Muhammad Ali Dayo Advocate for applicant.

Mr. Manzoor Ahmed Soomro Advocate for complainant.

Mr. Aftab Ahmed Shar, Addl.P.G for State.

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O R D E R

SHAMSUDDIN ABBASI, J:- Through this bail application, applicant Riaz Ali son of Abdul Latif Mirani seeks Post-arrest bail in Crime No.04/2022 Police Station, Andal Sundrani district Ghotki for offence punishable under Sections 457, 380 PPC, after rejection of his bail plea by learned trial Court vide order dated 27.04.2022.

2. Per FIR, on awakening of complainant on 27.02.2022 at 0100 hours, he noticed theft of his buffalo and in the morning they tracked the foot prints/hoof marks which ended to the houses of accused Riaz Ali (present applicant) and others. On query, accused admitted the guilt of theft of their buffalo and promised to return back but later on they refused. Thereafter, complainant appeared at Police Station and reported the incident on 08.03.2022 at 1400 hours.

3. It is contended by learned counsel for applicant that the applicant is innocent and he has been falsely implicated in this case due to matrimonial dispute between parties; that before this incident the mother of applicant has filed application against complainant of this case before learned Justice of Peace under Section 22-A& B Cr.P.C; that incident is unseen and there is delay of eight days in lodgment of the FIR without any plausible explanation; that co-accused Wazir has already been granted bail by learned trial Court hence, applicant is also entitled to be enlarged on bail on rule of parity; that offence does not come within the ambit of Section 497 Cr.P.C. Lastly he prayed for grant of bail to applicant.

4. On the other hand, learned Additional Prosecutor General assisted by learned counsel for complainant has contended that delay has been well explained; that recovery of theft of buffalo has been affected from the applicant therefore, he is not entitled for concession of bail. They prayed for dismissal of bail application to the applicant.

5. Heard learned counsel for respective parties and perused the material available on record. Admittedly, there is delay of eight days in lodgment of FIR and in back ground of enmity it cannot be ruled out that FIR has been lodged after due deliberation and consultation. Learned council for applicant has produced certified copy of an application under section 22-A& B Cr.P.C filed on 23.02.2022 by mother of applicant before Ex-Officio Justice of Peace for registration of FIR against complainant of this case, just 5 days prior to this incident, whereby learned Ex-Officio had issued direction to DIGP Sukkur for redressal of grievance of applicant within 15 days. Leaned council for complainant has admitted the fact that complainant and accused are close relatives and enmity exists between them due to matrimonial dispute. It is matter of record that alleged incident is unseen and there is no direct evidence against applicant for committing theft. So far as the alleged recovery of buffalo is concerned it was alleged that recovery was affected from his possession but it was recovered on his pointation. From tentative assessment of material available on record it appears that sufficient material is available on the record which requires further inquiry in terms of Sub-Section (2) to Section 497 Cr.P.C. Case has been challaned and applicant is in custody since his arrest and he is no more required for further inquiry. Accordingly, the application is allowed. The applicant Riaz Ali shall be released on bail subject to his furnishing solvent surety in the sum of Rs.100,000/- (Rupees One lac) and PR bond in the like amount to the satisfaction of learned trial Court.

6. Needless to mention here that the observations made hereinabove are tentative in nature and shall not influence the trial Court for deciding the case of the applicant on merits and in case applicant try to misuse the concession of bail in any manner, the trial Court shall be at liberty to cancel the bail after giving him the requisite notice.

J U D G E

Ihsan