ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No. S – 730 of 2018.

Date Order with Signature of Hon’ble Judge

For hearing of bail application

20-05-2019

Mr. Nusrat Hussain Memon, advocate for applicant.

Mr. Illahi Bux Jamali, advocate for complainant.

Syed Sardar Ali Shah, DPG for the State

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Irshad Ali Shah, J; It is alleged that the present applicant with rest of the culprit in furtherance of their common intention not only committed Qatl-e-amd of Muhammad Qasim by causing him fire shot injuries, but fired at complainant Allah Rakhio and his witnesses with intention to commit their murder and then went away by making aerial firing to create harassment for that the present case was registered.

2. The applicant on having been refused bail by learned IIrd Additional Sessions Judge Naushehro Feroze, has 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 applicant that applicant being innocent has been involved in this case falsely by the complainant party in order to satisfy their enmity with him; the FIR has been lodged with the delay of two days and the role attributed to the applicant in commission of incident is only to the extent of in effective/aerial firing and he is in custody for about 3 ½ years. By contending so, he sought for release of applicant on bail on point of further inquiry and hardship.

4. Learned DPG for the State and learned counsel for the complainant have opposed to grant of bail to applicant by contending that the case is at the verge of its final disposal.

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

6. The FIR of the incident has been lodged with the delay of two days, same as such could not lost sight of. The specific role of causing death of deceased is attributed to co-accused Muhammad Hussain, the role attributed to the applicant in commission of incident is only to extent of making in effective/aerial firing, the involvement of the applicant in commission of incident if is seen in the light of existing dispute between the parties over landed property, then it would makes his case to be of further enquiry, the applicant is in custody for about 3 ½ years. In these circumstances the applicant is found entitled to be released on bail. No accused could be denied concession of bail when it is found to has been made out in his favour on merit and hardship only for the reason that his case is at the stage of its final disposal.

7. In view of above, the applicant is admitted to bail subject to furnishing solvent surety in the sum of Rs. 200,000/- and P.R bond in the like amount to the satisfaction of learned trail Court.

8. Instant Cr. Bail Application is disposed of in above terms.

Judge

Nasim/P.A