IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-425 of 2018

Applicant               :                Shahmir son of Chakar Jafferi

Through Mr.Habib Rehman Shaikh, Advocate

State                    :                  Through Mr.Sharafuddin Kanhar, A.P.G.

                                                Complainant Waheed Ali in person

Date of hearing   :                  14.09.2018

Date of order      :                  14.09.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, being armed with deadly weapons, by committing trespass into house of complainant Waheed Ali by night with intention to commit theft, not only committed    Qatl-e-Amd of Mst.Sabiha by causing her fire shot injuries but caused butt blows to the complainant and PW Khairal and then went away by making aerial firing to create harassment, during course of above said incident one of the culprit namely Sadiq alias Babu also died after sustaining fire shot injuries, for that the present case was registered.

2.                On having been refused post-arrest bail by learned trial Magistrate and learned 2^nd Additional Sessions Judge, Shikarpur, the applicant has sought for the same from this Court by way of instant application under section 497 Cr.PC.

3.                It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police, the FIR has been lodged with unexplained delay of one day, the complainant, both of the injured and legal heirs of the deceased now by filing their affidavits have exonerated the applicant of commission of the incident. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.                Learned A.P.G for the State and complainant in person did not raise any objection to grant of bail to the applicant.

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

6.                The FIR has been lodged with delay of one day, same could not be lost sight of. The complainant, both of the injured and legal heirs of the deceased by filing their affidavits before learned trial Court have already raised no objection to grant of bail by stating therein that he has been wrongly arrested and involved in this case. In that situation, the guilt of the applicant obviously is calling for further enquiry.

7.                In case of Muhammad Najeeb vs. the State (2009 SCMR-448), it has been held by the Honourable Supreme Court of Pakistan that;

“---Bail, grant of---Complainant initially had nominated the accused in the FIR, but later on through an affidavit he had expressed his satisfaction with regard to the innocence of the accused and did not want to proceed with the matter---Courts below had failed to consider the said aspect of the matter---Case of accused, thus, was of further inquiry---Accused was admitted to bail accordingly [p. 450] A.

8.                In view of facts and reasons discussed above, the applicant is admitted to bail subject to furnishing surety in the sum of Rs.300,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

9.                The instant application is disposed of accordingly.

                                                                            J U D G E

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