ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Bail Appln. No.S-102           of  2011

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

22.02.2011.

1. For orders on M. A. No.400/2011.

2. For orders on office objections.

3. For orders on M. A. No.401/2011.

4. For orders on M. A. No.402/2011.

5. For hearing.

Mr. Raaz Ali Khan Bijarani, advocate for applicants, alongwith applicants.

Complainant Azizullah and P.Ws Abdul Rasheed and Mehrullah are present in person.

Mr. Altaf Hussain Surahio, State Counsel, waives notice.

                             ------------------

1.                Dismissed, as no date for urgency is mentioned.

2.                Learned Counsel undertakes to comply with the office objections within seven days.

3.                Granted.

4.                Granted subject to all just exceptions.

5.                It is, inter alia, contended by the learned Counsel for the applicants/accused persons, who are present in Court, that the applicants/accused are innocent and were falsely implicated in the instant crime on the basis of suspicion.  It is further stated that the complainant party have also filed their affidavits before this Court, wherein they have categorically started that the present applicants/accused were nominated in the F.I.R. under suspicion, on account of previous dispute between the parties.  Learned Counsel further stated that the applicants/accused never knew about the registration of the F.I.R. or issuance of process by the learned trial Court against them, whereas the learned trial Court, after declaring them proclaimed absconders, has issued N.B.Ws against the applicants/accused, who have voluntarily appeared before this Court and are willing to surrender themselves before the learned trial Court for seeking pre-arrest bail provided the N.B.Ws issued against them are suspended.

                   Learned State Counsel, in view of hereinabove facts and the affidavits filed by the complainant party, who are also present in Court and reaffirm the averments made in the affidavits, does not oppose the grant of protective bail to the applicants/accused.

                   It appears that the parties have patched up.  Be that as it may, without touching the merits of the case, the applicants/accused are granted protective bail for 10 days from today in the sum of Rs.100,000/- each with P.R bond in the like amount to the satisfaction of the Additional Registrar of this Court.  In the meanwhile, operation of the N.B.Ws issued by the learned trial Court against the applicants/accused is suspended.

                   It is, however, made clear to the applicants that this order shall cease to operate on expiry of ten days from today or on the date when the applicants shall surrender before the learned trial Court, whichever occurs earlier.

                                                                                                JUDGE