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