IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No.S-703 of 2025

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

1. For orders on O/objection at flag-A.

2. For hearing of pre-arrest bail.

Date of hearing 15.09.2025.

Mr. Alam Sher Bozdar, Advocate for applicant.

Mr. Shafi Muhammad Mahar, D.P.G for State.

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O R D E R

Present applicant/accused has been nominated in Crime No.124 of 2025 registered at Police Station Mehrabpur u/s 397 PPC wherein it is alleged that he alongwith other accomplices had robbed the complainant in the sum of Rs.15000/- alongwith a motorcycle and mobile.

Learned counsel for the applicant contended that the FIR has been lodged after a delay of One month and Five days. He further contends that the offence bearing out from the contents of FIR does not come within the prohibitory element and that the identification of the present applicant in the FIR causes suspicion.

Learned Deputy Prosecutor General however, contended that the present applicant has been specifically nominated and the mobile has been recovered whereas the offences are considered as offence against the society and as such the bail is not liable to be entertained.

Having heard the counsels and gone through the record. I have called upon to learned Deputy Prosecutor General as to the presence of CRO to which it is stated that another offence is also available however, the same is by way of FIR No.120 of 2025 Police Station Mehrabpur u/s 353, 224, 225 PPC in which apparently no arrest however, it could not be shown that the arrest in the other case was not made alongwith the present arrest. Apart from the same, the specific nomination of the person itself is normally not being available in such manner creates a ground of further inquiry especially as no recovery of the alleged motorcycle has been made in the matter although the accused has been shown under arrest. The final challan having been submitted the applicant apparently not required by the prosecution anymore on account of the fore given the application is found liable to be allowed as the case of further inquiry has been made. Accordingly the bail application is allowed and the applicant is admitted to post-arrest bail subject to furnishing his solvent surety in the sum of Rs.50,000/- to the satisfaction of learned trial Court.

Needless to mention here that observation as above are tentative in nature and not meant to affect merits of the case before the learned trial Court.

Bail application stands disposed of in the above terms.

J U D G E

Ihsan/PS.