IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Crl. Bail Application No. S- 581 of 2023.
Applicant : Mian Bux @ Muharam Ali Brohi (on bail), through
Mr. Muhammad Afzal Jagirani, Advocate.
Respondent : The State, through Mr. Ali Anwar Kandhro,
Additional Prosecutor General.
Complainant : Through Mir Ahmed Raza A. Sundrani, Advocate.
Date of hearing : 07.12.2023.
Date of Order : 07.12.2023.
O R D E R
Muhammad Saleem Jessar, J.- Applicant Mian Bux @ Muharam Ali son of Ali Murad Brohi, after having been declined the prayer for grant of anticipatory bail by learned VI-Additional Sessions Judge, Larkan vide order dated 03.10.2023 has approached this Court with same plea.
2. The details and particulars of the FIR are already available in the bail application and crime report, same could be gathered from the copy of FIR attached with the bail application, hence same need not be reproduced hereunder.
3. Learned Counsel for the applicant submits that applicant’s real name is Muharam Ali son of Ali Murad Brohi and he bears CNIC No.43203-3420309-5 and as far as Mian Bux named in the FIR is concerned, said Mian Bux is the father-in-law of the applicant as well as owner of the land wherefrom PARCO Pipeline crosses; hence, the police as well as prosecution have implicated him for reasons best known to them. As far as alleged offence is concerned, the applicant has neither committed same nor any evidence has been brought on record, through which it could be deduced that the applicant was found in possession of any equipment by which the oil allegedly was stolen away. He next contends that co-accused Muhammad Khan, though his name does not transpire in the FIR, has been granted bail by this Court vide Cr. Bail Application No.569/2023 in terms of order dated 23.10.2023. He further contends that the applicant after furnishing surety has joined trial proceedings and has not misused the concession of ad-interim pre-arrest bail extended to him; hence, prays for confirmation of bail.
4. Learned Addl. P.G., submits that per FIR one Mian Bux was nominated; however, the applicant’s name is Muharam Ali. He admits that said Mian Bux is his father-in-law and the land belongs to said Mian Bux, therefore, he has no objection for confirmation of bail.
5. Mir Ahmed Raza A. Sundrani, learned Counsel for the complainant, submits that since the police have submitted challan against the applicant and he is the person who has committed theft; hence, he is not entitled for concession of pre-arrest bail. When confronted about his identity through his CNIC, he has no answer.
6. Heard learned Counsel for the parties and perused the material available on record.
7. The name of applicant as per his CNIC No.43203-3420309-5 is Muharam Ali son of Ali Murad Brohi. Nothing has been brought on record to show that the applicant is also known or called as Mian Bux. During investigation also the police have not brought on record any evidence to show that the land, where the theft of oil is shown to have been committed, belongs to the applicant. Further, no evidence has been brought to connect the applicant with the commission of theft of oil from the PARCO Pipeline. Co-accused Muhammad Khan, though is not named in the FIR, has been granted bail by this Court. The applicant after grant of ad-interim pre-arrest bail is not shown to have misused such concession. In my view, this is a fit case of further enquiry as envisaged under sub-section (2) to Section 497, Cr.P.C.
8. In the light of above discussion, instant bail application is allowed. Interim pre-arrest bail granted earlier to the applicant is hereby confirmed on same terms and conditions.
9. The observations, if any, recorded hereinabove are tentative in nature, which shall not influence the trial Court while dealing with the trial proceedings.
JUDGE