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.