ORDER SHEET

      IN  THE  HIGH  COURT  OF  SINDH  BENCH  AT  SUKKUR

            Crl.B.A.No. S - 186  of  2022.

           

 

For hearing of bail application.

 

Date of Hearing  28th  November, 2022.

Mr.Naimat Ali Shah Advocate alongwith applicant.

Complainant present.

Mr.Aftab Ahmed Shar Addl.P.G.

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                                         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.

 

3.        Learned 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.

4.        Learned Addl.P.G appearing for the State has not been able to controvert the contention of the learned counsel for the applicant.

 5.       I have heard the arguments and perused the record.

6.        Since 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 this Court.

            Bail Application No.186 of 2002 stands disposed of in above terms.

                                                                                                                     JUDGE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Akber.