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

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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