IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-444 of 2018

Applicant               :                Hakim Ali son of Chachar

Through Mr.Mohsin Ali Pathan, Advocate

Complainant       :                  Mst.Lal Khatoon, through

Mr.Saeed Ahmed Bijarani, Advocate

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

Date of hearing   :                  05.11.2018          

Date of order      :                  05.11.2018

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, committed Qatl-e-
Amd of Attaullah by causing him fire shot injuries, for that the present case was registered.

2.                On having been refused post-arrest bail by learned 1^st Additional Sessions Judge, Kandhkot, the applicant has sought for the same 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, the FIR has been lodged with delay of seven days with no plausible explanation, no effective role in commission of the incident has been attributed to the applicant and co-accused Hazaro with similar role has already been admitted to bail by this Court. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.                Learned A.P.G and leaned counsel for the complainant have opposed to grant of bail to the applicant by contending that the applicant party in order to save them from legal consequence has arranged for registration of another FIR with malafide intention. By contending so, they sought for dismissal of the instant application.

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

6.                Admittedly, the FIR of the incident has been lodged with delay of about seven days; such delay could not be lost sight of. The specific role of causing death of the said deceased is attributed to    co-accused Qamber, Hazaro and Ali Anwar. The role attributed to the applicant in commission of the incident is only to the extent of his presence at place of incident. The identity of the applicant under the light of bulb and torch is appearing to be weak piece of evidence. The very case on investigation was recommended to be cancelled by the police under “C” class. Co-accused Hazaro has already been admitted to bail by this Court. In these circumstances, it is rightly being contended by leaned counsel for the applicant that 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.300,000/- 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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