ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Bail Appln.  No.S-79          of  2015.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objection as Flag ‘A’.

                                    2. For Hearing.

09.03.2015

Mr. Nooruddin Mahesar, advocate for applicant.

                        Mr. Muneer Ahmed Abbasi, D.D.P.P.

                                                -.-.-.-.-.-.-.-.-

                        Applicant/accused Saleem Khoso seeks post arrest bail in Crime No.01/2013 registered at Police Station Behram for offence under sections 324, 353, 148, 149, 224, 225, 427, 395, 398, PPC. Previously bail was granted to the applicant/accused by the trial Court vide order dated 13.2.2013 while holding that the case against the applicant/accused requires further enquiry. Thereafter, it appears that the accused jumped the bail and appeared before the trial Court and was remanded to jail as the bail application was moved before the trial Court and the same was rejected vide order dated 15.1.2015.

                        Learned advocate for the applicant /accused mainly contended hat absence of the applicant/accused was neither deliberate nor intentional but he was declared as ‘Karo” and he has surrendered himself before the trial Court when the matter was settled between the parties. It is submitted that the applicant is in jail since last three months. In support of his contentions, he has relied upon the cases of Dosoo v. The State 2003 P.Cr.L.J 933 and Muhammad Siddique v. The State 2012 YLR 2822.

                        Mr. Muneer Ahmed Abbasi, learned D.D.P.P opposed the bail application on the ground that concession of the bail extended to the applicant has been misused by him.

                        After hearing learned counsel for the parties, I have come to the conclusion that bail was granted by the trial Court on merits along with other co-accused. Thereafter, accused absconded as he was declared ‘Karo” by his community. The applicant surrendered before the trial Court and he was taken in to custody and remanded to jail. The applicant is in jail since last three months. Apparently, accused has been sufficiently punished. The concession of bail can not be refused to the applicant. Rightly reliance has been placed by the learned advocate for the applicant. Previously  bail was granted to the applicant on merits, therefore, concession of bail is extended to the applicant / accused subject to his furnishing solvent surety in the sum of Rs.100,000/- and P.R bond in the like amount to the satisfaction of the trial Court.