IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl.B.A.No. S - 186 of
hearing of bail application.
Date of Hearing 28th November, 2022.
Mr.Naimat Ali Shah Advocate alongwith applicant.
Mr.Aftab Ahmed Shar
O R D E R.
ABDUL MOBEEN LAKHO, J-Through the instant bail
application, applicant Azhar Ali Shaikh
seeks Pre-arrest bail in respect of Crime No.02/2022 of Police Station, Cantt. District Sukkur registered
for offence under Section 365-B, PPC, 3-TTP Act. 2018.
2. Since the facts of the prosecution case have
already been mentioned in the bail order as well as in the memo of bail
application, therefore, there is no need to repeat the same.
counsel contends that the applicant is innocent and has falsely been implicated
in the case with malafide intention and for ulterior
purpose as he has nothing to do with the alleged offence with which he is
charged and besides this, there is a delay of more than 02 months in lodging of
FIR for which no plausible explanation has been furnished by the complainant;
hence the applicant is entitled for confirmation of interim pre-arrest bail as
his case requires further.
Addl.P.G appearing for the State has not been able to
controvert the contention of the learned counsel for the applicant.
have heard the arguments and perused the record.
this is a case of abduction of the wife of complainant but the FIR of this case
has been registered after a delay of more than 02 months for which no plausible
explanation is furnished, therefore the case requires further enquiry as
contemplated under Sub-Section (2) of Section 497, Cr.P.C.
Consequently, this bail application is allowed and interim pre-arrest bail
already granted to applicant Azhar Ali Shaikh on 29.04.2022 is hereby confirmed subject to
furnishing additional surety in the sum of Rs.200,000/- (Rs.Two
lac) instead of Rs.50,000/- (Rs.Fifty Thousand) and
P.R Bond in the like amount to the satisfaction of the Additional Registrar of
Application No.186 of 2002 stands disposed of in above terms.