ORDER SHEET
IN THE HIGH COURT OF SINDH,
BENCH AT SUKKUR
Cr. Bail. Appln. No. S – 78 of 2019
Date Order
with Signature of Hon’ble Judge
For hearing
of bail application
25.3.2019
Mr.
Nisar Ahmed Kanasero Advocate
for the Applicants
Complainant
Irfan Ali present in person
Syed Sardar Ali Shah, DPG for
the State
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Irshad Ali Shah, J; It is
alleged that applicants with rest of the culprits after having formed an
unlawful assembly in prosecution of their common objected, caused hatchet and lathi blows to complainant Irfan
Ali and P.Ws Zamir Hussain,
Javed Ali and Ali Murad
with intention to commit their murder, for that the present case was registered
against them.
2. The
applicants on having been refused post-arrest bail by learned 4th Additional
Sessions Judge Khairpur, the applicants have sought
for the same from this Court by way of instant application u/s 497 Cr.P.C.
3. It
is contended by learned counsel for the applicants that the applicants being
innocent have been involved in this case falsely by the complainant party in
order to satisfy their dispute with them over watercourse; there is delay of
about 19 days in lodgment of FIR; there is counter version of the incident and
co-accused Amjad and 05 others have already been
admitted to bail by learned trial Court. By contending so, he sought for grant
of bail for the applicants on point of further inquiry.
4. Learned
DPG for the State who is assisted by the complainant has opposed to grant of
bail to the applicants by contending that they have attributed specific role of
causing hatchet blows to PW Zamir Hussain
on his legs.
5. I
have considered the above arguments and perused the record.
6. The
FIR of the incident has been lodged with delay of about 20 days which has not
been explained properly, same as such could not be lost sight of; the injuries
sustained by PW Zamir Hussain
which are attributed to the applicants are on non-vital part of his body;
co-accused Amjad and 05 others have already been
admitted to bail; there is counter version of the incident; parties are already
disputed over watercourse. In that situation, it is rightly being contended by
learned counsel for the applicants that the applicants are entitled to grant of
bail on point of further inquiry.
7. In view of above, the
applicants are admitted to bail subject to their furnishing surety in the sum
of Rs.50,000/- (Fifty thousand) each and PR bond in
the like amount to the satisfaction of learned trial Court.
8. Instant Criminal Bail
Application is disposed of in above terms.
Judge
ARBROHI