ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Cr. Bail Appln. NO. S-46 of 2013.

Dated                                   order with signature of hon’ble Judge.

1. For orders on office objection as flag A.

2. For  Hearing.                                    

13.03.2013.

                        Mr. Abdul Rasheed Abro, advocate for the applicant.

                        Mr. Abdul Rasheed Soomro, State Counsel.

======

                        Applicant has filed this bail application pursuant to crime registered U/S 380 PPC as crime No.04/2013 of P.S Kamber. 

                        Brief facts of the case   as stated in the FIR as under:

                        “Complaint is that I am incharge Deputy Assistant Director of NADRA, in  Mobile Registration Van No.28.  On 28.12.2012 I alongwith my subordinates  field workers   namely  Junior Executive, Mehran Khan Soomro, 2.Driver Abdul Rasheed Solangi, after finishing the field work returned back at NADRA Office Kamber and parked our vehicle viz.  van  closed with lock and keys  were handed over to Junior Executive Ali Murad Khaskheli and vehicle was handed over to security guard Aijaz Ali Kango and I went to house.   There was  two days holidays and   the vehicle  was standing at NADRA office.   On 31.12.2012 in the morning time,  as per scheduled program I called my employees on phone and directed them to bring vehicle viz. van at Warrah, whereupon Ali Murad Khaskheli informed me that main server of computer has been stolen away, thereafter I informed to my higher  officials at Head Office at Sukkur and came at NADRA Office, Kamber and saw the van and found that the computer was not available.  Thereafter I was directed by my higher officials to collect the facts and theft,  but I tried to get information from NADRA employees and then I was directed by higher officials  to get register case  thereafter  I came at police station where I lodged FIR.  Investigation be made.”

                        It is the case of the applicant  that Aijaz, who is security guard, is granted  bail by the trial Court in bail application No.14/2013 and the applicant’s case  is on better footings   since he was  not the chowkidar of the premises.  He was only having keys of the office and  apart  from him there are two more keys, one of them  is with the complainant.  He stated that  in terms of the investigation it is reported that kunda of the lock was broken as its nuts were found opened and the lock was there as  un-opened.  He submitted that  had it been the applicant he could have easily opened the lock from keys which is not the case here. It is  thus a case of further inquiry.  Learned counsel submits that since the main accused Aijaz, who is chowkidar, whose responsibility  was to take care of the articles and equipment,  was granted bail therefore, the applicant’s case  is on better footings.

                        Learned State Counsel submits that  he is custodian of the articles and equipments and he was having keys of the premises and the reason that the kunda was broken was in fact managed by the applicant since he does want to reveal such fact that lock was opened. 

                        I have heard learned counsel for the parties and perused the record.  Arguments of the learned state counsel are far fetched. it is clear case of further inquiry.  Accordingly, interim pre arrest bail granted vide order dated 08.02.2013  is hereby confirmed on the same terms and conditions.

                                                                                                            JUDGE