Sindh High Court

Azhar Ali Makwal (Applicant) VS The State (Respondent)

Case
Cr.Bail 305/2024
Type
Criminal Appellate Jurisdictions
Judge
Mr. Justice Adnan-ul-Karim Memon
Length
1 page

Summary from the court's website

The Supreme Court in the recent case has held that the law of bail under Section 497 Cr. P.C, wherein it is provided that a person shall not be released on bail if there appear to be reasonable grounds for believing that he has been guilty of an offense punishable with death or imprisonment for life or imprisonment of 10 years, though all the offenses do not fall within the prohibition contained in Section 497 Cr. P.C, however in pre-arrest bail this Court is only required to see the ulterior motives and malafide of the complainant and police and will also tentatively assess the material and can also touch the merits of the case so far as the allegations contained in the F.I.R, and statement of PWs and other material points available on the police file.

Full judgment

Official copy

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail App. No. S – 321 of 2024 Cr. Bail App. No. S – 305 of 2024 Date of hearing Order with signature of Judge

Hearing of case

1.For orders on office objections at Flag-A

2.For hearing of bail application

Mr. Rab Dino Makwal, Advocate for applicant in Cr. Bail App. No. S-321 of 2024.

Mr. Sheeraz Fazal, Advocate for applicant in Cr. Bail App. No. S-305 of 2024.

Mr. Ali Akbar Shar, Advocate for complainant.

Mr. Shafi Muhammad Mahar, Deputy Prosecutor General along with ASI Zahid Jagirani, Investigating Officer, Police Station ‘B’ Section, Khairpur.

I have heard the learned Counsel for the parties and perused the record with their assistance, for the reasons to be recorded later on, the criminal bail application filed by applicant Kamran Ali, seeking pre-arrest bail under Section 498, Cr.P.C. in Crime No.101 of 2024, for offences under Sections 392, 34, PPC, registered at Police Station Police Station ‘B’ Section, Khairpur is allowed, and the interim order dated 21.05.2024, passed by this Court, is confirmed on the same terms and conditions, whereas, applicant Azhar Ali, who is seeking post-arrest bail under Section 497, Cr.P.C. in the aforesaid crime is also admitted to post-arrest bail, subject to his furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand) and PR bond in the like amount to the satisfaction of the trial Court.

Office to place a signed copy of this order in the captioned connected matter.

JUDGE

Abdul Basit

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