IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-318 of 2018

Applicant:                                          Sikandar Ali son of Haji Khan Brohi

Through Mr.Abdul Rehman Bhutto, Advocate

Respondent:                                      The State Through Mr. Raja Imtiaz Ali Solangi                                                      A.P.G and Complainant Dodo Khan and his                                                          mother Mst.Meer Zadi in person.

Date of hearing          :                       09.07.2018               

Date of order             :                       09.07.2018   

O R D E R

IRSHAD ALI SHAH J- It is alleged that the present applicant/accused with rest of the culprits, in furtherance of their common intention, committed death of Jan Muhammad by causing him fire shot injuries and then went away by committing mischief by setting his dead body and motorcycle on fire, for that the present case was registered.

2.                     On having been refused post-arrest bail by learned 1^st Additional Sessions Judge, Mehar, the applicant has sought for the same from this Court by way of instant application under section 497 Cr.PC.

3.                     It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant party on account of his dispute with them over possession of house, there is delay of one day in lodging the FIR and 161 Cr.PC statements of PWs are recorded with further delay of about 22 days to FIR. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.                     Complainant Dodo Khan and Mst.Meer Zadi, who happened to be son and widow of the deceased have raised no objection to grant of bail to the applicant by stating that they have compounded the offence with him. By contending so, they filed their respective affidavits in support of their contention, which are taken on record.

5.                     Learned A.P.G has supported the order of learned trial Court.

6.                     I have considered the above arguments and perused the record.

7.                     No doubt, the name of the applicant is appearing in the FIR but there could be made no denial to the fact that it was lodged with delay of one day, such delay could not be lost sight of in circumstances of the case. 161 Cr.PC statements of the PWs are recorded with further delay of about 22 days to FIR, which appears to be significant. The parties are already disputed over possession of the house. More-so, complainant Dodo Khan and Mst.Meer Zadi who happened to be son and widow of the said deceased have raised no objection to release of the applicant on bail, such no objection on their part could not be lost sight of simply for the reason that the offence is compoundable in its nature. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to be released on bail, as his case is calling for further enquiry.

8.                     In view of above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.300,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

9.                     The instant application is disposed of accordingly.

                                                                                       J U D G E