THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-501 of 2022

Applicant:            Ghulam Ishaque Chandio through Mr. Sajid Hussain Mahesar, Advocate.

Respondent:        The State

Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  31.10.2022

Date of Order:     31.10.2022

O R D E R

AMJAD ALI SAHITO, J.- Through instant Criminal Bail Application, applicant/accused Ghulam Ishaque son of Ghulam Farooque Chandio, seeks post-arrest bail in Crime No. 229/2022, offence under Sections 406, 420 & 34 P.P.C. of the Police Station Kamber City. Prior to this, he filed such application, but the same was rejected by the Court of Civil Judge and Judicial Magistrate-I/MCTC, Kamber vide order dated 27.09.2022; hence he filed instant Criminal Bail Application.

2.                The details and particulars of the F.I.R. are already available in the bail application and F.I.R., same could not gathered from the copy of F.I.R. attached with such application, hence, needs not to reproduce the same hereunder.

3.                Per learned counsel, the applicant/accused is innocent and has been falsely implicated in this case with malafide and ulterior motives. He further added that the offence with which the applicant/accused has been charged does not fall within prohibitory clause of Section 497 Cr.P.C.; that there was dispute between two police officials, one who was posted at the place of incident for protection of the women folks and the other police official was on patrolling duty.  He further submitted that the applicant is in jail and is not required for further investigation; he admitted that there is no enmity between the applicant/accused and the complainant. Lastly, he prayed that the applicant/accused may be enlarged on bail.

4.      On the other hand, learned Deputy Prosecutor General has vehemently opposed the bail by stating that the applicant/accused has been nominated in the F.I.R. with specific role.

5. Heard and perused. Admittedly, the applicant / accused was allegedly cheating the public at large by committing fraud with the innocent women folks. The case of the prosecution is that the police party was on patrolling duty when they received the information that the applicant/accused is cheating the public/women folks and giving them less amount from Rs.25000/-, on such complainant alongwith police party appeared at the pointed place i.e. Government High School Kamber and saw one person was cheating and mischieving  the women folks and giving them less amount of Ahsas Program, the other women present there also complained about the applicant/accused of cheating and giving them less amount than Rs.25000/-, the applicant/accused was arrested on the spot and device was also recovered from him.    In view of above applicants/accused has failed to make out the case for grant of bail under sub-section (2) of Section 497 Cr.P.C. Accordingly, instant Criminal Bail Application is dismissed.  However, learned trial Court is directed to expedite the matter and conclude the same preferably within a period of 45 days after receipt of this order.

6.                Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of either party at trial.

                                J U D G E

Manzoor