ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No.S- 765 of 2018

Date Order with Signature of Hon’ble Judge

For hearing of bail application

15.04.2019

Mr. Ghulam Shabbir Dayo Advocate for the Applicants

Complainant Sanaullah in person

Mr. Aftab Ahmed Shar, Additional PG for the State

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Irshad Ali Shah, J;- It is alleged that the applicants with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object abducted Zafarullah aged 8/9 years, committed his death and then caused disappearance of his dead body in order to save them from legal consequences, for that the present case was registered.

2. The applicants on having been refused post-arrest bail by learned Sessions Judge Ghotki, have sought for the same from this Court by way of instant bail application u/s 497 Cr.P.C.

3. It is contended by learned counsel for the applicants that applicants being innocent have been involved in this case falsely by the complainant party in order to satisfy his matrimonial dispute them, there is delay of two days in lodgment of the FIR and none has seen the applicants committing the death of the deceased. By contending so, he sought for release of the applicants on bail, as according to him their case is calling for further enquiry.

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 committed the heinous offence.

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

6. There is delay of two days in lodgment of the FIR; such delay having not been explained plausibly could not be lost sight of. None indeed has seen the applicants committing the death of the deceased. If for the sake of arguments, it is believed that the applicants with rest of the culprits took away the deceased in presence of the complainant and his witnesses then there was no need for them to have made search for the victims. Co-accused Khuda Bux has been let off by the police finding him to be innocent on the basis of further statements of the complainant and witnesses, which appears to be significant. The parties are already disputed over matrimonial affairs. In these circumstances, it is rightly being contended by learned counsel for the applicants that the applicants are entitled to grant of bail on point of further enquiry.

7. In view of above, the applicants are admitted to bail subject to their furnishing surety in sum of Rs.200,000/- (Two Lac) each 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