ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Bail Appln.  No.D-73    of  2011.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

18.01.2011.

1. For orders on office objection.

2. For orders on M. A. No.286/2011.

3. For orders on M. A. No.287/2011.

4. For hearing.

Messrs Ali Nawaz Ghanghro and Athar Abbas Solangi, advocates for the applicant, alongwith applicant.

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1.                Learned Counsel for the applicant states that since the learned trial Court has issued N.B.Ws against the applicant/accused, therefore, there is serious apprehension that his bail may be dismissed by the learned trial Court.

2.                Granted.

3.                Granted subject to all just exceptions.

4.                Through instant bail application, the applicant/accused has approached directly to this Court seeking pre-arrest bail.  It is, inter alia, contended by the learned Counsel for the applicant that the applicant is police officer and has been falsely implicated in a case emanating from private complaint, which, according to the learned Counsel, was filed as a counter-blast to an F.I.R. bearing crime No.12/2008, registered at Police Station Imam Bux Jamali against the complainant, wherein couple of police officers were brutally murdered at the hands of complainant party of this case.  Learned Counsel states that the learned trial Court, while admitting the private complaint in Special Case No.16/2010 vide its order dated 20.5.2010, has ordered for the issuance of process in shape of N.B.Ws against the present applicant, which reflects upon the pre-determined mind of the learned trial Court and hence in view of above facts, the applicant has approached this Court directly.

                   Be that as it may, without commenting on the merits of the case, we are not inclined to accede to the request of the learned Counsel for the applicant at this stage.  However, the applicant is granted protective bail for a period of 10 days from today subject to furnishing surety in the sum of Rs.100,000/- with P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.  In the meanwhile, operation of the N.B.Ws issued against the applicant/accused by the learned trial Court is suspended to enable the applicant/accused to approach the learned trial Court seeking pre-arrest bail, as per law.  The learned trial Court is directed to examine the case of the present applicant/accused on merits, as per law.

                   Needless to observe that this order shall cease to exist on expiry of 10 days or when the applicant shall surrender before the learned trial Court seeking pre-arrest bail, whichever occurs earlier.

                   Instant application is disposed of in the above terms.

                                                                                                JUDGE

                                                                   JUDGE