1. ' GHULAM SARWAR KORAI, J.---On 26-1-2010 at 1300 hours F.I.R. Of Abdul Shakoor was registered of the incident, dated 13-10-2009. According to him he being a teacher in Naz High School Khairpur while on the duty he received message on mobile phone by Abdul Hussain that some persons have committed robbery of golden ornaments weighing about five tolas from his house and his wife and children are confined in the room. He further stated in his F.I.R. That on the date of registration of the F.I.R. While he was sitting in otaq, the applicant with Holy Quran approached him by saying that alleged offence has been committed by Muhammad Ali and three other friends at his instance and requested for Settlement and as he is ready to return the robbed property in easy instalments of Rs,30,000 per month. The complainant disagreed and lodged the report.
2. ' During investigation the statement of the wife of the complainant was recorded by the Investigating Officer on 6-2-2010. The applicant approached the Court of learned Sessions Judge for his pre-arrest bail, pre-arrest bail was granted to him and final report of the case was filed on 15-2-2010. While interim to the applicant was re-called on 16-2-2010, therefore, the applicant surrendered on 17-2-2010 and was sent to jail. One application was filed by the S.I.O. Of P.S. B- Section Khairpur for the custody of the applicant, to the Court of learned C.J., & J.M. Khairpur but his application was dismissed vide order, dated 24-2-2010, then criminal revision application was filed by Altaf Hussain Soomro District Public Prosecutor on behalf of the complainant and that application was disposed of by the Court of learned 2nd Additional Sessions Judge Khairpur vide order, dated 5-3-2010 in which the application of D.P.P. Was allowed and custody of the applicant was given to S.I.O. On the same date and thereafter applicant was sent to jail on 9-3-2010.
3. ' The bail after arrest of the applicant was filed but the same was dismissed by the Court of learned Sessions Judge Khairpur vide his order, dated 4-3-2010 and this order is impugned before this Court in the present bail application.
4. ' Heard Mr. Manzoor Hussain N. Larik learned counsel for the applicant and Mr. Sardar Ali Shah learned A.P.G. For the State, latter opposed the bail application.
5. ' Learned counsel for the applicant submits that the applicant is entitle to be released on bail on the ground that on 23-1-2010 he filed one application in the Court of learned Sessions Judge/Justice of Peace Khaipur against the complainant and S.H.O. Of P.S. B-Section Khairpur feeling apprehension of his arrest and his involvement in false cases. The certified copy of this application has been annexed as Annexure J at page No,75 with the present bail application. That the F.I.R. Has been registered with the delay of about 3 months and 13 days. The statement of wife of the complainant was recorded on 5-2-2010 with the delay of about 10 days. The applicant joined the investigation while interim bail was granted to him and even while he was remanded to jail from 5-3-2010 to 9-3-2010 but there is no recovery from the applicant and lastly learned counsel for the applicant submits that allegations against the applicant is that co-accused have committed the offence from the house of the complainant at his instance, therefore, there is no role against him and even it is unbelievable that applicant approached the complainant pleaded his guilt agreed to return the amount.
6. Undisputedly the F.I.R. Is registered with the delay of about 3 months and 13 days without any acceptable explanation. Filing of the application by the applicant against complainant and S.H.O.
7. Of the concerned Police Station disclosing the apprehension of his arrest falsely was filed three days prior to registration of this F.I.R. While applicant remained with the investigation while he was granted interim pre-arrest bail and while nothing was recovered from him then again handing over the custody of the applicant by allowing the criminal application by the Court of learned II Addl. Sessions Judge from 5-3-2010 to 9-3-2010 A though it was illegal but even nothing was recovered from him. Disclosing the name of the applicant as one of the accused by the wife of the complainant in her statement under section 161, Cr.P.C. On 6-2-2010 with the delay of about 10 days from the date of registration of F.I.R. And 3 months and 23 days from the date of alleged incident itself creates serious doubt in the case of the prosecution. Therefore, I am of the view that case of the prosecution against the applicant is of further enquiry. Therefore, this application is allowed.
8. Applicant shall be released on bail subject to furnishing solvent surety in the sum of Rs,100,000 and P.R. Bond in the like amount to the satisfaction of the learned trial Court.