ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT
SUKKUR
Crl. Bail Appln.
No. S – 245 of
2022.
Date |
Order with signature of Judge |
For Hearing of Bail Application.
-
16-01-2023.
Mr.Hamayoon Shaikh Advocate for applicant.
Mr.Aftab
Ahmed Shar Addl.P.G.
-
O R
D E R.
ABDUL
MOBEEN LAKHO, J:- Through the instant bail application, applicant Muhammad Iqbal Memon seeks Post-arrest
bail in respect of Crime No.15/2019 of Police Station, ACE, Sukkur,
registered for offence under Section 409,
PPC R/W Section 5(II) Act-II of 1947.
2. Prior to this, the applicant had moved his
application for grant of post-arrest bail before the learned trial Court but
the same was dismissed vide order dated 28.04.2022. He has, therefore
approached this Court with the same prayer.
3. Since the facts of the prosecution case
have already mentioned in the bail order as well as in the memo of bail
application, therefore there is no need to repeat the same.
4. It is contended by the learned counsel
for the applicant that the applicant is innocent and has falsely been
implicated in the case with malafide intention and
for ulterior purpose. It is further contended the name of applicant does not
transpire in the FIR but in the final challan his
name has been mentioned by the Investigating Officer. It is further contended
that there are general allegation against the applicant, therefore he is
entitled for bail as his case requires further enquiry.
5. Learned Addl.P.G
appearing for the State has not been able to controvert the contentions raised
by the learned counsel for the applicant.
6. Heard arguments and perused the material
available on record.
7. Since this is a case of general
allegation against the applicants and his name does not transpire in the FIR
but during investigation, the I.O has mentioned the name of applicant in the challan, therefore the case requires further enquiry. These
are the reasons for a short order dated 16.01.2023 whereby the applicant
Muhammad Iqbal Memon was
granted post-arrest bail.
JUDGE
Akber