2000 P Cr (PLP)

Accused/applicants seek pre-arrest bail in Crime No.6 of 2000 registered at Police Station Airport Larkana. Prosecution case is that complainant Naveed Ahmed used to reside in village Wakro and he runs a Kiryana shop adjacent to his house. On 16-2-2000 after closing the door of his shop he slept in his house. It is alleged that at about 3-00 a.m. (17-3-2000) he heard disturbance inside the shop whereupon he and his brother Khalid Hussain woke up. In the bulb light the complainant party identified Ayaz Ali and Yasin both by caste Jessar carrying guns and Muhammad Hassan, Ghulam Sarwar and Muhammad Akram having Lathis. The accused were leaving the shop at that time after stealing the articles from the shop. Complainant raised cries which attracted P. W. Beg Muhammad, a watch-man. It is further alleged that accused persons fled away from the scene alongwith the property and the weapons. After return to the shop and on verification, it was found that a deck of National Company worth Rs.2,000 electrical. material valued Rs.1,000 and other articles worth Rs.12,000 were stolen. Pre-arrest bail application on behalf of accused/applicants was filed before the learned Sessions Judge which was transferred to First Additional Sessions Judge and the same was rejected on 18-2-2000, hence this application. Mr. Jessar contends that the case against the accused/applicants is result of enmity and is false one. He further, submits that incident is alleged to have taken place on 17-2-2000 whereas F.I.R. was lodged on 20-2-2000 and strangely enough 161, Cr.P.C. statements of witnesses were recorded on 10th March, 2000. According to him the applicants are respectable citizens and if they are arrested, they will be humiliated,, tortured and insulted by the police. Learned Additional Advocate-General contends that names of the accused/applicants are mentioned in the F.I.R. and he opposes the grant of bail. I have gone through the material placed with the case. It is very strange that the incident has reportedly taken place on 17-2-2000 but the F.I.R. was filed belatedly on 20-2-2000 whereas the 161, Cr.P.C. statements of the witnesses were recorded by the police on 10-3-2000 with a considerable delay without any explanation forthcoming from the prosecution side. The delay so occasioned by the police in discharging their duties casts serious doubts on the veracity of the prosecution evidence. At any rate the above factors create reasonable suspicion which entitles the accused to the concession of pre-arrest. bail. In view of what has been discussed hereinabove, I feel that a case for anticipatory bail is made out. Consequently, the application is allowed. The accused/applicants are admitted to bail in the sum of Rs.50,000 (fifty thousand) each and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court. They are, directed to join police in the investigation. . H.B.T./A-27/K Bail granted.