Cr.Bail 536/2024 (S.B.) Sindh High Court, Circuit at Larkana

Sindh High Court · 2021 · Before Omar Sial

Applicant Manzoor Ali seeks pre-arrest bail in Crime No.40/2016, registered under sections 457, 382 P.P.C at Rehmatpur Police Station. His earlier application seeking bail was dismissed by the Additional Sessions Judge-IV, Larkana, vide order dated 06.09.2024.

2. The allegation against the applicant is that he alongwith two others entered into the house of Muhammad Nawaz Magsi and stole

one of his buffalo.

3. | have heard learned counsel for the applicant and the learned Additional Prosecutor General. Several notices were issued to the complainant; however, they were returned with endorsement that the complainant has gone to Dubai and it appears that he is no longer

interested in pursuing this case.

4. The report on file dated 02.09.2020 shows that due to the unavailability of witnesses, the learned Civil Judge and Judicial Magistrate-lll, Larkana, has stopped proceedings in the case. Learned Additional Prosecutor General also informed that while the applicant has cooperated with the investigation, no buffalo recovery has

i occurred. It appears from the record that the applicant has been made

fe} CamScanner

4 accused of theft on the ground that sniffing dogs had guided the police to his house. No other evidence is on record. The applicant is a poor man, not a flight risk, and there is no evidence to tamper with. He claims this is a false case and was registered against him by the adjoining landowner, who is interested in buying the small tract of land he owns. Malafide cannot be conclusively ruled out at this preliminary stage.

5. Given the above, in particular, the lack of interest shown by the

complainant and his witnesses and the fact that there is no cogent evidence, which the Investigating Officer has collected, the interim pre-

arrest bail granted to the applicant earlier is confirmed on the same terms and conditions. (

¢| Es t4 Judg

- fe Fat eedins en chan aisn|as Lach). B-tr ocdins m MA No. B00% Jas CS

-accountank “eport 2) yoy 1p.

fe} CamScanner

Opening of the judgment. Loading the full judgment on LexPK…