ORDER SHEET
IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Cr. Bail. Appln. No.S- 173 of 2019
For hearing
of bail application
01.04.2019
M/s Alam
Sher Bozdar and Dilawar Ali Jatoi Advocates for
the Applicant
Mr.
Aftab Ahmed Shar,
Additional PG for the State
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Irshad Ali Shah, J;- It is alleged that the applicant by
committing trespass into the house of complainant Mst. Najma committed Qatl-e-Amd of her husband Majeed by causing him dagger blows, for that the present
case was registered.
2. The
applicant on having been refused post-arrest bail by learned Additional
Sessions Judge(Hudood)
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 seven days in lodgment of the FIR, the complainant and her witnesses have
not supported the case of prosecution. By contending so, he sought for release
of the applicant on bail on point of further inquiry.
4. Learned
Additional PG for the State was fair enough to state that complainant and her
witnesses have not supported the case of prosecution.
5. I
have considered the above arguments and perused the record.
6. Admittedly
there is seven days delay in lodgment of the FIR same could not be lost sight
of, complainant Mst. Najma,
PWs Muhammad Aslam and Irfan
Ali have not supported the case of prosecution before learned trial Court. In
that situation, it would be safe to conclude that there appear reasonable
grounds to believe that the applicant is not guilty of the offence for which he
is charged, as such he is appearing to be 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.200,000/- (Two lac) 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