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Petitioner: MEENHAL and anothers VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Ali Sain Dino Metlo Title: MEENHAL and anothers vs THE STATE Case No.: Criminal Bail Appeal No.574 of 2006 Date of Judgment:2006-11-08 Reported As: 2007 MLD 214 Result: Bail granted
Judgment ORDER ' ALI SAIN DINO METLO, J.---Heard Messrs Jai Jai Veshno Mange Ram Advocate for the applicants and Mushtaque Ahmed Abbasi, Asstt. A.G. The latter has no objection to the grant of bail. ' The allegation against the applicants is that on 4-8-2006 at 6.30 p.m. They along with absconding accused Hakim robbed complainant Mujahid Ali of his motorcycle on gun point at the bridge of Raj Wah on Jumo village link road. The matter was reported to police after three days i,e, on 7-8-2006 and the explanation that the complainant was trying to recover the motorcycle privately can hardly be treated as plausible. The applicants were arrested on 18-8-2006 and were in the custody of police upto to 1-9-2006 but no recovery either of the stolen motorcycle or of any weapon was made from them. All these circumstances militate against reasonableness of the grounds put forward by the prosecution for believing the applicants guilty of the offence and the matter requires only further enquiry as contemplated by section 497 (2) of the Code of Criminal Procedure, 1898, and, therefore, they are entitled to bail accordingly, the applicants are directed to be released on bail on furnishing one surety each in the sum of Rs,50,000 and personal bond in the like amount to the satisfaction of trial Court.