ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

 

Cr. Bail Appln. No.S- 734 of 2011

 

DATE             ORDER WITH SIGNATURE OF JUDGE

                         

15.04.2013.

 

Mr. Zulfiqar Ali Abbasi, Advocate along with Applicants.

 

Mr. Muhammad Iqbal Kalhoro, Additional Prosecutor General Sindh.

                                                =

 

            Through this common order I intend to dispose of all the four aforementioned bail applications together.

            Applicants were granted ad-interim bail before arrest by this Court in the aforementioned Cr. Bail Applications vide order dated 25.10.2011 in Crime Nos.25, 26, 27 and 28 of 2011 registered at Police Station A.C.E Thatta, subject to their furnishing solvent surety in the sum of Rs.1,00,000/- each and P.R Bond in the like amount to the satisfaction of Additional Registrar of this Court. 

            Learned Counsel for the Applicants states that the Applicants are innocent and have been falsely implicated in the instant crimes after lapse of nine years’ unexplained delay from the date of alleged crime. Per learned Counsel, the only allegation against the Applicants is that they have counter signed the documents, which were allegedly forged. Per learned Counsel, the co-accused who are beneficiary of the alleged transaction, have already been granted pre-arrest bail whereas in Criminal Bail Application No.D-733/2011 ad interim pre-arrest bail earlier granted to the Applicant Mukhtar Ahmed Qureshi has also been confirmed by learned Judge of this Court vide order dated 02.11.2012. It is contended by the Counsel that the facts  of the instant bail applications are similar to the facts in the above mentioned case hence requests that keeping in view the principle of consistency ad-interim bail before arrest may be confirmed. Learned Counsel has further stated that the Applicants have never misused the concession of bail granted to them vide order dated 25.10.2011 whereas they are regularly attending the Trial Court.

            Learned Additional Prosecutor General Sindh in view of the order passed by this Court in Criminal Bail Application No.S-733/2011, whereby ad-interim pre-arrest bail granted to the Applicant Mukhtiar Ahmed Qureshi was confirmed, does not oppose the request of the Counsel for the Applicant.

            From the tentative assessment and perusal of the record and in view of the order dated 02.11.2012 passed by learned Judge of this Court in Criminal Bail Application No.S-733/2011 the arguments advanced by the learned Counsel for the Applicants appear to be reasonable.

            Keeping in view hereinabove facts and following the rule of consistency, I am of the opinion that the matter requires further inquiry whereas no useful purpose will be served if the ad-interim bail before arrest granted to the Applicants vide order dated 25.10.2011 is recalled at this stage whereas the matter is ripe for trial. Accordingly, ad-interim bail before arrest already granted to the Applicants by this Court vide orders dated 25.10.2011 is hereby confirmed on the terms as contained in the said orders.

            The Applicants are directed to attend the Trial Court regularly and shall not misuse the concession of bail granted by this Court.

            All the four bail applications stand allowed in the above terms.

             

 

                                                                                    JUDGE