ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr. Bail Appln. No.S- 258 of 2010

DATE             ORDER WITH SIGNATURE OF JUDGE

15.04.2013.

Mr. Ayatullah Khowaja, Advocate along with Applicants.

Mr. Muhammad Iqbal Kalhoro, Additional Prosecutor General Sindh.

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            Through this common order I intend to dispose of all the three aforementioned bail applications as the same arise out of one and same crime.

            Applicant Jumo was granted ad-interim bail before arrest by this Court in Cr. Bail Application No.S-06/2010 vide order dated 04.01.2010, whereas Applicant Abdul Ghani was granted ad-interim bail before arrest in Cr. Bail Application No.S-122/2010 vide order dated 09.02.2012 and Applicants  Qadir Bux and Misri were granted ad-interim bail before arrest in Cr. Bail Application No.D-258/2010 vide order dated 12.04.2010 in Crime No.113/2009 registered at Police Station Tando Allahyar, U/s 302, 324, 147, 148, 149, 504 PPC subject to their furnishing solvent surety in the sum of Rs.2,00,000/- 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 crime whereas neither they have been nominated in the FIR nor there is eye witness of the incident. Per learned Counsel, however, prosecution at the instance of one alleged eye witness namely Qamaruddin has implicated the present Applicants in the incident. According to him, whose statement has also been recorded in Court on 16.08.2011 wherein he has given entirely different versions which were allegedly given in the statement recorded U/s 164 Cr.P.C. Per learned Counsel since the only alleged eye witness has not implicated the Applicants therefore, there is no possibility of their conviction whereas the Applicants after grant of ad-interim bail before arrest have not misused the same and they are regularly attending the Trial Court where the matter is proceeding. Per learned Counsel, this pre-arrest bail application is pending since 2010 and prays that ad-interim pre-arrest bail granted to the Applicants on the aforesaid dates may be confirmed.

            Learned Additional Prosecutor General Sindh in view of hereinabove facts and the statement of the only eye witness and the contradictions as pointed out by the Counsel for the Applicants does not vehemently oppose the request of the Counsel for the Applicants.

            On tentative assessment and perusal of the record, the contention of the Counsel for the Applicants/accused appears to be plausible. The Applicants/Accused have not misused the concession of ad-interim bail before arrest and they are regularly attending the Trial Court. Accordingly, ad-interim bail before arrest already granted to the Applicants by this Court on aforementioned dates is hereby confirmed on the same terms and conditions.

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

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

                                                                                    JUDGE