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