1. ' MAQBOOL AHMED AWAN, J.---On 12-11-2008, the interim bail before arrest was granted to the applicant in the sum of Rs,50,000 and P.R. Bond of the like amount.
2. ' Today the matter was fixed for confirmation.
3. ' The learned counsel appearing on behalf of the applicant has argued that the applicant is innocent and has been falsely implicated by the complainant, the S.D.O. HESCO WAPDA (East)
4. Division, Thatta; that no sufficient evidence was collected by the Prosecution to connect the applicant; that the offence for which the applicant is charged would not fall within prohibitory clause of section 497, Cr.P.C.; that till today the Police has not yet submitted the challan. He has relied upon the case-law reported in PLD 1995 SC 34 and 1993 PCr.LJ 446.
5. ' The learned counsel appearing on behalf of the State has opposed the grant of bail.
6. I have heard the learned counsel for the applicant and perused the material placed on record. It appears that the applicant was granted bail on 12-11-2008 and till today, the Police has not submitted the challan. It is yet to be seen at the time of evidence whether the applicant has committed the offence for which he has been charged. The punishment for which the applicant is charged would not fall within prohibitory clause of section 497, Cr.P.C. There is no such allegation that the applicant has misused the concession of bail granted to him. In view of this, I confirm the bail of the applicant granted earlier on the same terms and conditions.