ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr.B.A.No. S - 463 of 2022.
For
hearing of bail application.
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Date of Hearing 14rd November, 2022.
Mr.Rameez Ali Chhajro
Advocate for applicant.
Mr.Safdar Ali Kanasiro
Advocate for complainant.
Mr.Shafi Muhammad Mahar
DPG.
.
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O R D E R.
ABDUL MOBEEN LAKHO,J- Through the instant bail
application, applicant Muhammad Faheem Memon seeks Post-arrest bail in respect of Crime No.82/2019
of Police Station ‘A’ Section, Khairpur, registered
for offence under Section 395, PPC.
2. According
to FIR lodged by the complainant Aijaz Hussain Keerio on 21.05.2019, it
is alleged that on 13.05.2019 at about 1500 hours present applicant/accused
Muhammad Faheem Memon alongwith five other unidentified persons being armed with
deadly weapons entered in the house and committed dacoity
of gold ornaments, one Laptop, four passports, one CNIC, one PVC Card, one HBL
ATM Card and one Mobile phone on the force of weapons and then went away.
3. Learned counsel contends that the
applicant is innocent and has falsely been implicated in the case with malafide intention and ulterior motive, as per CNIC the
applicant is resident of Karachi while in FIR the complainant has shown the
applicant to be resident of Waritar Road, Sukkur. He further contends that there is delay of 18 days
in lodging the FIR for which no plausible explanation has been furnished and no
recovery has been effected by the police from the
applicant; hence the case requires further enquiry into the guilt of applicant.
He further contends that co-accused Asadullah and Parvez have already been granted bail, therefore as rule of
consistency, the present applicant is also entitled
for same concession.
4. The learned counsel appearing on behalf
of the complainant and learned DPG appearing for the State have not been able
to controvert the contention raised by the learned counsel for the applicant.
5. I have heard learned counsel for the
parties and perused the material available on record.
6. Since the allegations against applicant
are general in nature, the applicant is resident of Karachi but with reasons
best known to the complainant
that he has shown him to be the resident of Sukkur
and no recovery being effected from him. Besides this, there is an unexplained delay
of 18 days in lodging the FIR, which is fatal to the case of prosecution in
such case at bail stage and co-accused Asadullah and Parvez have already been granted bail, therefore, in view
of above, the applicant has made out a case for further enquiry.
7. Consequently, this bail application is
allowed and applicant Muhammad Faheem Memon is granted post-arrest bail subject to his furnishing
solvent surety in the sum of Rs.50,000/- and P.R Bond in the like amount to the
satisfaction of learned trial Court.
JUDGE
Akber.