IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-492 of 2018

Applicant               :                Nawab son of Muhammad Malook Shar

Through Mr. Ali Azhar Tunio, Advocate

State                    :                  Through Mr.Raja Imtiaz Ali Solangi, A.P.G.

                                                Complainant Mst.Waziran in person

Date of hearing   :                  29.10.2018

Date of order      :                  29.10.2018

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, by using criminal force, caused  hatchet, lathi and brickbat blows to PW Ghulam Qadir and Muhammad Hashim, for that the present case was registered against  them.

2.                The applicant on having been refused post-arrest bail by learned trial Magistrate and learned Sessions Judge, Shikarpur, has sought for the same from this Court by way of filing the 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 complainant party only to satisfy their dispute with him over water-rotation, the applicant at the time of incident was empty handed and he has been attributed the role of causing brickbat blows to PW Muhammad Hashim and co-accused Sardar Bux, Hazar Khan, Amanullah, Hidayatullah, Lal Dino and Wasand have already been admitted to bail. 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 assisted by the complainant has opposed for grant of bail to the applicant by contending that the cash is fresh one.

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

6.                The FIR of the incident has been lodged with delay of about seven days; such delay could not be lost sight of.  The applicant admittedly at the time of incident was empty handed and the role attributed to him in commission of the incident is only to the extent of causing brickbat blows to PW Muhammad Hashim, such brickbat has never been recovered by the police, which appears to be significant. The offence is not falling within the prohibitory clause of Section 497 (2) Cr.PC. The parties are already disputed over the water-rotation. The case has finally been challaned. In these  circumstances it is rightly being contended by learned counsel for the applicant that he is entitled to be released on bail as his case is calling for further enquiry.

7.                For whatever has been discussed above, the applicant is admitted to bail subject to furnishing surety in the sum of Rs.50,000/- 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

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