ORDER SHEET
IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Cr. Bail. Appln. No.S- 425 of 2017
For hearing
of bail application
11.02.2019
Mr. Ali Ahmed Khan Advocate
for the Applicant
Mr.
Rashid Ali Sindhu, Advocate for complainant
Syed
Sardar Ali Shah Rizvi, DPG for the State
>>>>>>>…<<<<<<<<
Irshad Ali Shah, J;- It is alleged that the applicant committed death of his sister-in-law Mst. Bhali by causing her fire
shot injuries, for that he was booked and challaned
accordingly.
2. The applicant during course
of investigation vide order dated 25.03.2015 was admitted to pre-arrest bail by
learned trial Court on filing the affidavits by the complainant Mst. Allah Warai and her
witnesses. Subsequently by way of an application u/s 497(5) Cr.P.C
by complainant Mst. Allah Warrai,
the bail so granted to the applicant was cancelled by learned trial Court vide
order dated 05.12.2016 and consequently he was taken into custody.
3. The applicant then sought
for his release on bail by way of filing his application u/s 497 Cr.P.C, it was dismissed by learned trial Court vide order
dated 03.02.2017. It is in these circumstances, the applicant has sought for
his release on bail pending trial.
4. It
is contended by learned counsel for the applicant that applicant being innocent
has been involved in this case falsely by the complainant party, he was
enjoying the concession of bail which has been cancelled by learned trial Court
without lawful justification and complainant party now has also filed their
affidavits in favour of the applicant. By contending
so, he sought for release of applicant on bail as according to him his case is
calling for further enquiry.
5. Learned
DPG for the State and learned counsel for the complainant have record no
objection to grant of bail to the applicant by contending that the parties have
settled their dispute outside of the Court. By contending so, they caused
filing affidavits of the complainant Mst. Allah Warrai and her witnesses whereby they too have recorded no
objection to grant of bail to the applicant.
6. I
have considered the above arguments and perused the record.
7. Admittedly
there is delay of about one day in lodgment of the FIR; such delay being
un-plausible could not be lost sight of. The parties are already disputed over
matrimonial affairs. Complainant Mst. Allah Warrai and her witnesses namely Muhammad Mureed and Vakeel Ahmed now by
filing their affidavits have recorded no objection to grant of bail to the
applicant. 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 enquiry.
8. In view of above, the applicant is
admitted to bail subject to his furnishing solvent surety in the sum of Rs.3,00,000/- (Three Lacs) and PR bond
in the like amount to the satisfaction of learned trial Court.
9. Instant Cr. Bail Application is disposed
of in above terms.
Judge
ARBROHI