ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-327 of 2024

(Salamat Rai & another Vs. The State)

DATE                          ORDER WITH SIGNATURE OF JUDGE

For the hearing of the bail application.

18.07.2024.

M/S. Habibullah G.Ghouri & Ayaz Ahmed Faras, advocates for the applicants.

Mr. Afzal Nabi Khokhar, Advocate for the complainant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that the applicants by causing lathi blow to complainant Naresh Kumar took away his wristwatch and cash worth Rs.10,000/-, for which the present case was registered.

2.        The applicants having been refused post-arrest bail by learned Additional Sessions Judge, Kashmore, have sought the same from this Court by way of instant application u/s. 497 Cr. PC.

3.        It is contended by learned counsel for the applicants that the applicants are innocent and have been involved in this case falsely by the complainant to satisfy his grudge against them, therefore, they are entitled to be released on bail on the point of further inquiry, which is opposed by learned DPG for the State and learned counsel for the complainant by contending that on the arrest from the applicants has been secured the lathies and the robbed property.

4.        Heard arguments and perused the record.

5.        The FIR of the incident has been lodged with a delay of about two days; such delay having not been explained plausibly could not be overlooked. The medical certificates concerning the injuries sustained by the complainant as per letter No.GDHSS/G-IV/MLC-12/36299-303, dated 24.06.2024, of the Director General Health Services, Hyderabad, have never been issued by the medical officer at Kashmore, which appears to be surprising. If for the sake of arguments, it is believed that the applicants took away the belongings of the complainant then it constitutes an offence of misappropriation punishable u/s.403 PPC; it does not fall within the prohibitory clause. Even otherwise, the recovery is alleged by the applicants to have been foisted upon by them by the police at the instance of the complainant by arranging the same from local market. The case has finally been challaned and there is no likelihood of absconsion or tampering with the evidence on the part of the applicants. In these circumstances, a case for the release of the applicants on bail on the point of further inquiry is made.

6.        Under the discussed circumstances, the applicants are admitted to bail subject to their furnishing surety in the sum of Rs.50,000/- each and P.R bond in the like amount to the satisfaction of the learned trial Court. 

7.        The instant bail application is disposed of accordingly.

JUDGE