IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-473 of 2018

Applicant               :                Asghar son of Ali Akbar Siyanch

Through Mr.Habibullah Ghouri, Advocate

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

Date of hearing   :                  03.10.2018

Date of order      :                   03.10.2018

O R D E R

IRSHAD ALI SHAH, J.- The facts t in brief necessary for passing of instant order are that the applicant came at P.S Ratodero, with repeater gun and disclosed before complainant ASI Bagh Ali that he has committed murder of Mst.Latifan and Zubair alias Zahoor, after declaring them to be “Karo-Kari”. On the basis of such disclosure,   the complainant went at the place of incident, where he was intimated by Mst.Afsana wife of deceased Zubair alias Zahoor Ahmed that the applicant and co-accused Akbar, Manzoor and Muneer, in furtherance of their common intention have committed death of both of the said deceased by causing them fire shot injuries only to settle their dispute with them over money matter. The instant FIR was accordingly registered by the complainant on behalf of the State.

2.                On arrest, the applicant sought for his release on bail by filing an application u/s.497 Cr.PC. It was dismissed by learned Additional Sessions Judge, Ratodero, and now the applicant has sought for his release on bail from this Court by way of instant application u/s.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, his confession before the police, if any, cannot be used against him as evidence, Mst.Afsana wife of deceased Zubair alias Zahoor Ahmed by way of filing her affidavit has raised no objection for grant of bail to the applicant, co-accused Asghar, Akbar alias Ghulam Akbar have already been admitted to bail. By contending so, he sought for release of the applicant on bail on point of further enquiry. In support of his contentions, he relied upon case of Muhammad Najeeb Vs. the State (2009 SCMR-448).

4.                Learned A.P.G for the State has opposed to release of the applicant on bail by contending that it is double murder case.

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

6.                If for the sake of arguments, it is believed that the applicant has confessed his guilt before the police, even then such confession could not be used and/or proved against him, as per mandate contained by Article 38 of Qanun-e-Shahadat Order, 1984. Mst.Afsana who happened to be wife of deceased Zubair alias Zahoor by filing her affidavit has raised no objection to grant of bail to the applicant by stating therein that he is innocent. Co-accused Asghar and Akbar alias Ghulam Akbar have already been admitted to bail. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to be released on bail on point of further enquiry.

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

8.                The instant application is disposed of accordingly.

                                                                            J U D G E