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Initializing Secure Chambers
Petitioner: RAJIB VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Faisal Arab Title: RAJIB vs THE STATE Case No.: Cr. Bail Application No,S-114 of 2006 Date of Judgment:2006-05-12 Reported As: 2006 YLR 2994 Result: Bail granted
Judgment ORDER ' FAISAL ARAB, J.---From the contents of F.I.R. Crime No,22 of 2005, Police Station, Dakhan District Shikarpur, offence punishable under section 21/1; Offences Against Property (Enforcement of Hudood) Ordinance, 1979, it appears that no criminal offence is made out and in spite of that F.I.R. Was lodged by the police. It is also surprising that on the basis of such allegation the learned Additional Sessions Judge-III, Shikarpur, has not applied its mind in this case and rejected the bail application considering his past criminal cases against the present accused. The learned Additional Sessions Judge -III, Shikarpur, on bare statement of the prosecution has assumed that present applicant holds criminal record without considering the fact whether he was convicted in these offences or not. Needless to mention that past conviction is no ground to assume that the applicant is also involved in the reported crime which too on the face of it does not appear, to be a criminal offence. Under the circumstances, the applicant is enlarged on bail subject to furnishing surety in the sum of Rs,25,000 with PR bond in the like amount to the satisfaction of trial Court.