ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S-88 of 2023

(Shahid Ahmed Shaikh Vs. The State

1. For Orders on office objection.

2. For Orders on MA No. 831/2023.

3. For hearing of Bail Application.

13-03-2023.

M/S Alam Sher Bozdar and Nizamuddin Soomro advocates for the applicant.

Complainant Shabbir Ahmed in person.

Mr. Shafi Muhammad Mahar, Deputy P.G for the State

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Irshad Ali Shah, J;- It is alleged that the applicant obtained a good sum of money from complainant Shabbir Ahmed to arrange for his deportation to Saudi Arabia, which he failed to arrange and on demand of his money, he threatened the complainant to be murdered, for that the present case was registered.

2. The applicant on having been refused post arrest bail by learned Judicial Magistrate Daharki and Additional Sessions Judge, Daharki, has sought for the same from this Court by way of instant Crl. Bail Application under Section 497 Cr.P.C.

3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant in order to satisfy his old enmity with him; the FIR has been lodged with delay of more than 02 months and offence against the applicant is not falling within the prohibitory clause. By contending so, he sought release of the applicant on bail on point of further inquiry.

4. Learned DPG for the State, who is assisted by the complainant has opposed to release of the applicant on bail by contending that he has committed financial death of the complainant.

5. Heard arguments and perused the record.

6. The FIR of the incident has been lodged with delay of more than 02 months that too after having a recourse u/s 22A/B Cr.P.C; the offence against the applicant is not falling within prohibitory clause. The case has finally been challaned and there is no apprehension of tempering with the evidence on the part of the applicant. In these circumstances, a case for release of the applicant on bail on point of further inquiry obviously is made out.

7. In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/-(rupees fifty thousand) and P.R bond in the like amount to the satisfaction of learned trial Court.

8. The instant Crl. Bail Application is disposed of accordingly.

Judge

Nasim/P.A