IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
1st Criminal Bail No.S-693 of 2024
Muhammad Khan Chandio
V/S
The State
Applicant: Muhammad Khan son of Muhammad
Uris Chandio
Through Mr. Abdul Sattar Hulio, Advocate.
Complainant: Muhammad Toufique Khan son of
Muhammad Resham Khan Awan
Through Mr. Ahmed Raza A. Sundrani,
Advocate a/w Kaleemullah, Law Officer and Maj (R). Nadeem Ahmed Qureshi.
State: Through Mr. Ali Anwar Kandhro, Additional
Prosecutor General, Sindh.
Date of Hearing: 12.03.2025
Date of Decision: 12.03.2025
O R D E R
Omar Sial, J.- Muhammad Khan has sought pre-arrest bail in crime number 29 of 2024 registered under sections 462-B, 462-F, 427, 379 P.P.C. t the Dhamrah police station.
2. The case against Khan was registered on PARCO’s complaint. Mohammad Taufique Khan, Assistant Security Officer on 30.07.2024 was suspicious that somebody is stealing oil from a PARCO pipeline. A tract of land was dug and the pipeline was found broken. A case was thus registered against the applicant.
3. I have heard PARCOs counsel, the Additional Prosecutor General and the applicant’s counsel.
4. PARCO’s counsel conceded that the land from under which the broken pipeline was found was discovered has nothing to do with the applicant. It was acknowledged that there are no witnesses who allege that they ever saw the applicant there or saw any other persons come on the load to excavate and steal from the pipeline. There is no evidence that oil was indeed stolen. When pressed, counsel reluctantly agreed that there was no evidence collected against the applicant and that the only reason the applicant was nominated in this case was because they had a suspicion that it must be him. No logical or cogent reason was advanced for such suspicion. Malafide, in the circumstances narrated above, cannot be eliminated at this stage.
5. Above are the reasons because of which the interim bail granted to the applicant was confirmed on 12.03.2025.
Judge
Manzoor