IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-100 of 2018

Applicant               :                Muhammad Ishaq @ Meer Brohi,

Through Mr.Abdul Hakeem Brohi, Advocate

Complainant       :                  Manthar Brohi, through Mr. Tariq Ali Rind,                                                            Advocate

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

Date of hearing   :                  13.08.2018          

Date of order      :                  13.08.2018

O R D E R

IRSHAD ALI SHAH. J- It is alleged that the present applicant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, committed Qatl-e-Amd of Zahoor Ahmed by causing him dagger blows and then went away by making aerial firing to create harassment, 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 applicant being innocent has been involved in this case falsely by the complainant party, there is delay of about two days in lodging of the FIR, which is not explained plausibly, the role attributed to the applicant in commission of the incident is only to the extent of making aerial firing. By contending so, he sought for release of the applicant, as according to him, his case is calling of further enquiry.

4.                Learned A.P.G for the State and learned counsel for the complainant have opposed to grant of bail to the applicant by contending that he has actively participated in commission of the incident by making aerial firing and on arrest from him has been secured the crime weapon (pistol).

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

6.                The specific role of committing death of deceased by causing him dagger blows is attributed to co-accused Guldad alias Peer. The role attributed to the applicant in commission of the incident is only to the extent that he made aerial firing at the time of incident. If such allegation against the applicant is examined in the light of delay of two days in lodging of the FIR then it makes his involvement in commission of the incident to be of further enquiry. In that situation, the applicant could not be denied concession of bail on the basis of recovery of crime weapon viz. pistol.   

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