ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S-  459 of 2022.

Date of hearing

Order with signature of Judge

31.10.2022.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General alongwith ASI Allah Dino of P.S Waleed, Larkana.

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Amjad Ali Sahito, J-  This order would dispose of captioned bail application filed on behalf of applicant Altaf Hussain son of Muhammad Essa Khan Brohi, in crime No.20/2018 registered with P.S Waleed, (District Larkana), for offences punishable under Sections 392 & 34 P.P.C.

            The applicant is present on interim pre arrest bail; his counsel is however called absent without any intimation.  As such, the learned D.P.G. has been heard.

 As per contents of the F.I.R, no doubt name of the applicant is appearing therein, but during course of investigation the police was informed about the involvement of the applicant and co-accused through complainant that they are involved in the instant case which relates to an offence against society i.e. a robbery of a mobile phone, gold ring, and cash amount from complainant Sajjad Ali Metlo. The alleged offence carries punishment upto ten years and falls within prohibitory clause of Section 497 Cr.P.C. However, since the applicant/ accused avoid his arrest at the hands of concerned police, therefore, the challan of the case was filed under Section 512 Cr.P.C showing the accused including present applicant as absconders. No malafides on the part of police and the complainant are alleged, which is the main ingredient to grant extra ordinary relief of pre arrest bail.

            Accordingly, the instant bail application stands dismissed. The interim pre arrest bail already granted to applicant is hereby re-called.                         

            Learned D.P.G. requests that the custody of the applicant may be given to the police concerned for the purpose of investigation, as according to him the recovery of robbed articles is to be made. On the request of learned D.P.G. applicant Altaf Hussain Brohi is taken into custody and his custody is handed over to ASI Allah Dino of P.S Waleed, Larkana (present in Court), with direction to hand over his custody to SHO/ I.O of the case for further investigation of the case and filing of supplementary challan/ report to concerned Court.

                                                              Judge

Ansari