IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-260 of 2018

Applicant               :                Zahoor Ahmed son of Mithan Soomro

Through Mr.Habibullah Ghouri, Advocate

Complainant       :                  Ali Muhammad Soomro, through

Mr.Asif Ali Abdul Razzak Soomro, Advocate

State                              :                  Through Mr.Sharafuddin Kanhar,  A.P.G.

Date of hearing   :                  10.12.2018          

Date of order      :                  10.12.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, being armed with lathies and deadly weapons, not only committed Qatl-e-Amd of Ali Dost but caused injuries to PWs Ali Hassan and Ghulam Farid, with intention to commit their murder and then went away by making aerial firing to create harassment, for that the present case was registered.

2.                The instant application is second in series; the earlier one was dismissed by this Court as withdrawn with direction to learned trial Court to conclude the trial within three months.

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 only to satisfy their enmity with him, the direction issued by this Court for disposal of the case has not been complied with by learned trial Court, as such according to him the applicant is entitled to be released on bail on point of hardship.

4.                Learned A.P.G and learned counsel for the complainant have opposed to grant of bail to the applicant by contending that he with rest of the culprits by collusive manner and design is not allowing the case to proceed further. By contending so, they sought for dismissal of the instant bail application. In support of their contention, they relied upon cases of The State Vs. Aijaz alias Fouji Lashari and others (2013 PCr.LJ-1331) and Babar Hussain Vs. The State and others (2016 SCMR-1538).

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

6.                The applicant is named in FIR with specific allegation that he and co-accused Khalid have committed death of deceased Ali Dost by causing him lathi blows in order to satisfy their enmity with him. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the complainant party. It is true that the direction for making disposal of the case within three months has not been complied with by learned trial Court but there could be made no denial to the fact that there was nothing in the order of this Court that in case the directions for disposal of the case so issued by this Court if are not complied with by learned trial Court then the applicant would be admitted to bail as matter of right by making conclusion that it is case of hardship. As per progress report which has been furnished by learned trial Court, the applicant and co-accused are not allowing the case to proceed for one or other reason. In that situation, it is rightly being contended by learned A.P.G for the State and learned counsel for the complainant that the applicant is defeating the disposal of the case by design. In that situation, it could be concluded safely that no case for grant of bail to the applicant is made out. Consequently, the instant bail application is dismissed.

                                                                            J U D G E

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