KHADIM HUSSAIN M. SHAIKH, J.---By this common order , I intend to dispose of captioned Criminal Bail Application No.S-67 of 2020, whereby applicant Moula Bux alias Moulai Malla h son of Muhammad Mirbahar Mallah, seeks pre-arrest bail and Cr. Bail Application No.S-69 of 2020, whereby applicant Allah Bux son of Gul Muhammad Mangrio, seeks his release on post arrest bail, arising out of the case, emanating from FIR No.310 of 2019, registered at Police Station Pabban/Husri for offences under sections 269, 270 and 337-J, P.P.C., after their such bail pleas have been declined by the learned Vth: Additional Sessions Judge, Hyderabad by dismissing their bail applications vide order dated 16.01.2020.
2. The learned Advocate for the applicants has mainly contended that the applicants are innocent and they have been falsely implicated in the subject case by complainant ASI Ghulam Shabir Jamali as unfortunately Qingqi- Richshaw of applicant Allah Bux had hit the police mobile van, in which the complainant and other staff were patrolling; that no independent person was cited as witness or mashir; that applicant Moula dux alias Moulai Mallah has been implicated in this case on the basis of statement of co-accused Allah Bux Mangrio; that the investigation stood completed and person of applicant Allah Bux is no more required for the purpose of the investigation and whereas applicant Moula Bux alias Moulai Mallah, having joined the trial, is regularly attending the learned trial Court; and, that there is no chemical examiner's report to corroborate the prosecution case. The learned counsel prays for confirmation of interim pre-arrest bail earlier granted to applicant Moula Bux alias Moulai Mallah and for release of applicant Allah Bux on bail.
3. Learned A.P.G has opposed the confirmation of interim pre-arrest bail earlier granted to applicant Moula Bux alias Moulai Mallah and grant of post arrest bail to applicant Allah Bux and prays for dismissal, of the instant bail applications.
4. I have considered the submissions of the learned counsel for the applicants and learned A.P.G. and have gone through the material brought on record and the police file with the assistance of learned A.P.G.
5. From a perusal of the record, it would be seen that no independent person was picked up to act as mashir either from the place where the police allegedly received information or even from the alleged place of recovery although both the places were, in populated areas; a green kata (sack) was allegedly lying in the Qingqi-Richshaw wherefrom 478 main purries were shown to have been recovered, but what was their weight? that is nowhere mentioned either in the FIR or in the mashirnama of arrest and recovery; on a query , the learned A.P.G after going through the police file submits that there is no chemical examiner's A report. In such view of the matter , the case requires further inquiry into the guilt of the applicants and their case falls well within the ambit of section 497(2), Cr.P.C, which entitle them to the grant of concession of bail; the investigation stood completed and applicant Moula Bux alias Moulai Mallah, who has joined the trial is not alleged to have misused the concession of interim pre-arrest bail earlier granted to him. And, thus, both the instant criminal bail applications deserve to be allowed as prayed.
These are the reasons of short order announced by me on 10.03.2020, whereby both the bail applications were allowed and ad-interim pre-arrest bail earlier granted to applicant Moula Bux alias Moulai Mallah was confirmed and whereas applicant Allah Bux Mangrio was directed to be released on bail subject to his furnishing a solvent surety in the sum of Rs.100,000/- (Rupees one hundred thousand) and PR bond in the like amount to the satisfaction of the learned trial Court.
6. Needless to add that the observations made hereinabove are tentative in nature only for the purpose of deciding the bail application, which shall not, in any manner , influence the learned trial Court at the time of final decision of the subject case.