IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-281 of 2018

Applicant               :                Bashir Ahmed s/o Nokhaf  Nindwani Through Mr.Saeed Ahmed Bijarani, Advocate

Complainant       :                  Badaruddin Nindwani, through                                                     Mr.Ashfaq Hussain Abro, Advocate

State                    :                  The State Through Mr.Raja Imtiaz Ali Solangi                                                 A.P.G.

Date of hearing   :                  30.07.2018

Date of order      :                  30.07.2018

O R D E R

IRSHAD ALI SHAH. J- It is alleged that the present applicant with rest of the culprits by committing trespass into the house of complainant Badaruddin take away his buffalo, on resistance, not only committed death of Nawabuddin but caused fire shot and lathi injuries to PWs Qamaruddin and Nasrullah, for that the present case was registered.

2.                On having been refused post-arrest bail by learned trial Court, 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 name of the applicant is neither appearing in FIR nor in interim or final charge sheet, he being innocent has been involved in this case falsely by the complainant party, co-accused Bashir Ahmed son of Muhammad Hassan Nindwani with utmost similar role has already been admitted to bail by learned trial Court. By contending so, he sought for release of the applicant on bail on point of further enquiry and consistency.

4.                Learned counsel for the complainant and learned A.P.G for the State have opposed to grant of bail to the applicant by contending that he has actively participated in commission of incident. By contending so, they sought for dismissal of bail application of the applicant.

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

6.                The name of the applicant is neither appearing in the FIR nor in interim or final charge sheet, it was disclosed by the complainant Badaruddin first time on 05.05.2018 by way of making an application before learned trial Magistrate and the complainant in that respect was supported by his witnesses by way of further statements recorded under section 162 Cr.PC. All this was done with delay of 12 days to the incident, such delay could not be lost sight of, as it is reflecting consultation. No identification parade of the applicant on arrest was conducted through complainant or his witnesses. Co-accused Bashir Ahmed s/o Muhammad Hassan Nindwani with utmost similar role has already been admitted to bail by learned trial Court. In that situation, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to grant of bail on point of further enquiry and consistency.

7.                In view of facts and reasons discussed above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.200,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

8.                The instant application is disposed of accordingly.

                                                                            J U D G E

-