ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No.S- 455 of 2018

 

For hearing of bail application

1.     For orders on office objection at flag ‘A’

2.     For hearing of main case

(Notice issued)

14.01.2019

            Mr. Shamsuddin N.Kobhar Advocate for the Applicant

Mr. Asif Ali Shaikh Advocate for the complainant

            Syed Sardar Ali Shah Rizvi, DPG for the State

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Irshad Ali Shah, J;- It is alleged that the applicant with rest of the culprits after keeping complainant Karamullah under fear of death robbed him of his belonging by causing him hatchet, lathies and butt blows and then went away by making aerial firing to create harassment for that the present case was registered.

2.        The applicant on having been refused post-arrest bail by learned 3rd Additional Sessions Judge Sukkur, has sought for the same from this Court by way of instant bail application under Section 497 Cr.P.C.

3.        It is contended by learned counsel for the applicant that applicant being innocent has been involved in this case falsely by the complainant party, there is delay of one day in lodgment of the FIR, the identity of the applicant on the torch light is a weak piece of evidence, no specific injury to the complainant is attributed to the applicant. By contending so, he sought for post-arrest bail for the applicant on point of further inquiry.

4.        Learned DPG for the State and learned counsel for the complainant have opposed to grant of post-arrest bail to the applicant by contending that he has actively participated in commission of incident.

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

6.        Admittedly there is delay of one day in lodgment of the FIR; such delay being unplausible could not be lost sight of. The identity of the applicant under the light of torch is appearing to be a weak piece of evidence. No specific injury to the complainant is attributed to the applicant. The investigation of the case is over and the applicant is in custody since the date of his arrest without any effective trial. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to be released on bail on point of further inquiry.

7.        In view of above, the applicant is admitted to bail subject to his surety in sum of Rs.100,000/- and PR bond in the like amount to the satisfaction of learned trial Court.

8.        Instant Cr. Bail Application is disposed of in above terms.

 

Judge

 

 

ARBROHI