IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S- 828/2021.

Date of hearing

Order with signature of Judge

For Hearing of Bail Application.

1. For orders on office objection at Flag ‘A’.

2. For hearing of bail application.

O R D E R.

07.02.2022.

Mr. Mehfooz Ahmed Awan, Advocate for Applicant.

Mr. Aftab Ahmed Shar, Additional P.G.

AMJAD ALI SAHITO J., Through this order, I intend to dispose of post arrest bail application filed on behalf of applicant/accused Haresh son of Ram Chand, Hindu in crime No.05/2020, offence u/s 409, 34 PPC read with section 5(2) Act-II, of 1947 registered at police station ACE Ghotki. Prior to this, post arrest bail filed on behalf of applicant/accused was turned down by learned I/C Special Judge ACE (P) Sukkur vide order dated 20.12.2021, 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 applications, hence, needs not to reproduce the same hereunder.

3. Mr. Mehfooz Ahmed Awan learned counsel for applicant/accused contends that applicant/accused is innocent and has falsely been implicated; prior to this bail application was filed on behalf of applicant/accused before this Court and the same was dismissed as not pressed by this Court vide order dated 23.09.2021 with directions to learned trial Court to examine the material witnesses within the period of 60 days. Per learned counsel for the last three months, the trial Court is lying vacant and not a single adjournment has been taken by the applicant/accused as such applicant/accused is entitled for grant of bail on hardship grounds.

4. On the other hand learned Additional Prosecutor General vehemently opposed for grant of bail.

5. I have heard learned counsel applicant/accused, learned Additional Prosecutor General so also have gone through the material available on record.

6. Admittedly the applicant/accused is in Jail for last 15 months and the learned trial Court is lying vacant since last three months but no progress been made by the learned trial Court as such learned counsel for applicant/accused has made out his case for grant of bail on hardship ground, resultantly the instant bail application filed on behalf of applicant/accused is allowed and the applicant/accused named above is granted post arrest bail subject to his furnishing solvent surety in the sum of Rs. 100,000/- (one lac) and PR bond in the like amount to the satisfaction of trial Court.

7. The aforesaid bail application stands disposed of in the above terms.

J U D G E

Irfan/P.A