ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Cr. Bail Appln. No. S- 3  and 5 of 2013.

Dated                                   order with signature of hon’ble Judge.

For Hearing.

20.03.2013.

Mr. Muhammad Saleem Jessar, advocate for the applicants in Cr.B.A No.03/2013.

Mr. Asif Ali Abdul Razzak Soomro, holding brief for Mr.Safdar Ali Bhutto, advocate for the applicants.

Mr. Asif Hussain M. Nawaz Chandio, State Counsel

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            By this common order I intend to dispose of these two connected bail applications.

            It has been unanimously agreed that the only ground which is a hurdle in granting bail is that recruitment  was made without publication of notice which is pre-requisite as far as recruitment policy is concerned, as stated by the learned State Counsel.  Today learned counsel for the applicants have placed on record  publication by Director Schools Education which per  learned counsel for the applicants is in compliance of  the recruitment policy as far as  the publication is concerned. Learned counsel for the applicants have relied upon the cases reported as Saeed Ahmed v. The State (1996 SCMR 1132) and Tariq Bashir and 5 others v.  The State (P.L.D 1995 S.C 34).

             Learned State Counsel  after perusal  of the same submits that it  has now become matter of evidence whether the recruitment  or job which  were provided by the applicants were managed or those jobs were created.   Such is only a point that could be tried and thrashed out in evidence before the trial Court.  Learned State Counsel  submits that if at all such publication is made, the bail may be granted.

                        Accordingly, in view of such state of affairs, the bail is granted to the applicants subject to their furnishing solvent surety in the sum of Rs.500,000/= each and P.R bond in the like amount to the satisfaction of trial Court.

            The bail applications stand disposed of.

JUDGE