IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S- 592/2021.

Date of hearing

Order with signature of Judge

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

2. For hearing of bail application.

O R D E R.

21.02.2022.

Mr. Nasir Ali Rajput, Advocate along with applicant/accused.

Mr. Aftab Ahmed Shar, Additional Prosecutor General.

AMJAD ALI SAHITO J., Through this order, I intend to dispose of pre-arrest bail application filed on behalf of applicant/accused Nadeem Ali in crime No.175/2021, offence under section 489-F PPC of Police Station Naushehro Feroze. Prior to this, the applicant/accused named above filed such application for grant of pre-arrest bail but the same was turned down by learned Additional Sessions Judge-III Naushehro Feroze vide order dated 16.09.2021 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 application, hence, needs not to reproduce the same hereunder.

3. Learned counsel for applicant submits that applicant/ accused is innocent and has falsely been implicated in this case. He further submits that there is dispute between two brothers over property and the complainant managed a false story, filed petition under section 22-A B Cr.P.C and succeeded to get orders from the learned Justice of Peace for registration of FIR against applicant/accused. He further submits that after grant of bail applicant/accused attended before trial Court and before the trial Court the evidence of three witnesses have been recorded and only evidence of one witness which is required to be recorded and the case is near to complete. Lastly counsel for applicant prays for confirmation of interim pre-arrest bail already granted to the applicant/accused.

4. On the other hand complainant and his counsel called absent, however, learned Additional P.G recorded his no objection for confirmation of interim pre-arrest bail already granted to the applicant/accused on the ground that case is at the verge of its completion and pronouncement of judgment.

5. I have heard learned counsel for applicant, learned Additional P.G and have gone through the material available on record.

6. Admittedly learned counsel for applicant/accused has produced copies of depositions of three witnesses viz. complainant Muhammad Kamran and his witnesses Rizwan Ali and Muhammad Nawaz who were examined by the trial Court on the same day and there remains only the evidence of Bank Manager which is yet to be recorded hence at this stage if any observation is given, the same will prejudice the case of either party hence the case of applicant become one of further enquiry.

7. In view of above discussion, learned counsel for the applicant/accused has made out a good case for confirmation of bail in the light of sub section (2) of Section 497 CrPC, hence interim pre arrest bail already granted to the applicant/accused Nadeem Ali is hereby confirmed on same terms and conditions.

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 bail application stands disposed of in the above terms.

J U D G E

Irfan/P.A