ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

 

Cr. Bail Appln. NO: 104 of 2009.

 

 

Date                      Order with signature of judge.

 For Hearing

 

 

Mr. Ghulam Ali J Rind, advocate for the applicant.

Miss Robina Dhamrah, State counsel.

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20.5.2009.                     O R D E R.

 

 

KHADIM HUSSAIN M. SHAIKH, J.:-  The applicant   through  this application seeks post arrest bail in Crime NO.27 /2008 of Police station Civil Line Jacob-abad for offences U/S 17/3 Offence Against Property(Enforcement of Hudood) Ordinance 1979 in Sessions Case No.52/2008.

 2.               On 11.2.2008 complainant Bakhtiar Ali appeared at Police station Civil Line Jacobabad and lodged his F.I.R stating therein that on 24.9.2007, the complainant his maternal nephew Abdul Razaque and friend Rasool Bux Jamali riding on a  motorcycle were going  to the Station Road and   at about 10.30 am  when they reached at Railway station near godown two unknown persons stopped their motorcycle  and snatched the said motorcycle from the complainant party and drove away the same. On 10.2.2008 complainant came to know that an offender was arrested and  confined at P.S City Jacobabad,  the complainant went to P.S City Jacobabad  where he found   the present applicant confined where he identified  him to be  one of the culprits who snatched his motorcycle on 11.2.2008.   Then on the following day he lodged this F.I.R, i.e after  more than 4 ½ months of the incident. After investigation the applicant was sent up with the challan to stand his trial. Bail plea of applicant  advanced before the learned trial Court was rejected vide order dated 28.4.2008. Hence this application.

3.                Learned advocate for the applicant had mainly contended that there is delay of  4 ½ months in lodgment of F.I.R, that no  incriminating article has been  recovered from the applicant and that the applicant is victim of enmity. He,  prays  for grant of bail to the applicant.

 4.               Learned State Counsel concedes to the grant of bail to applicant.

5.                I have considered the arguments  so advanced by the learned counsel for the parties  and have gone  through the police papers with the help of the learned State Counsel, admittedly there is delay of 4 ½ months in lodgment of the F.I.R, which has not been explained by the prosecution at all and there was no reason for the complainant for not lodging the F.I.R against unknown culprits, no identification parade as required by law has been held in this case and no recovery has been effected from the applicant.  In the case of Karim Haider and others  v. The State (1996 SCMR 938),  the  Hon’ble Apex Court granted Bail  to the accused as there was unexplained inordinate delay in  lodgment of the F.I.R.

 6.               In view of what has been stated above I am of the considered opinion that the case of the applicant requires further inquiry into his guilt and his case is covered  of section 497(2) Cr.P.C, therefore, bail is granted to applicant Raja @ Rashid in the sum of Rs.50,000/= (Rupees Fifty Thousands only) subject to his furnishing solvent surety and P.R bond in the like amount to the satisfaction of the  learned trial Court.

7.                The Bail application is allowed.

                                                                                      J U D G E.