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