IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-452 of 2018

Applicant               :                Inayatullah @ Ghaloo s/o Niaz Ali Buriro

Through Mr. Ali Nawaz Ghanghro,     Advocate

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

Date of hearing   :                  22.11.2018          

Date of order      :                  22.11.2018

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 Abdul Jabbar alias Nakul by causing him shot injuries, for that present case was registered.  

2.                On having been refused post-arrest bail by learned 1^st Additional Sessions Judge, Jacobabad, 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 by the complainant party only to satisfy with him their dispute over landed property, there is delay of one day in lodgment of the FIR, on investigation co-accused Misri, Mushtaq and Chakar have already been let off by police on the basis of 164 Cr.PC statements of the PWs Sanaullah and Hafeezullah, the complainant and PWs are related inter-se. By contending so, he sought for grant of bail to the applicant, as according to him his case is calling for further enquiry.

4.                Learned A.P.G has opposed to grant of bail to the applicant by contending that he is fully implicated in commission of the incident.

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

6.                 No doubt, there is delay of one day in lodgment of the FIR but there could be made no denial to the fact that it is explained in FIR itself plausibly. The delay in lodgment of the FIR even otherwise could not be resolved by this Court in favour of the applicant at this stage. The name of the applicant is appearing in FIR with specific allegation that he committed Qatl-e-Amd of deceased Abdul Jabbar alias Nakul by causing him fire shot injuries. In that situation, it would be premature to make a conclusion that the applicant being innocent has been involved in this case falsely by the complainant party only to settle their dispute with him over landed property. It is true that co-accused Misri, Mushtaq and Chakar have been let off by the police finding them to be innocent such conclusion on the part of police makes no difference, so far the case of applicant is concerned, as he is fully implicated in commission of the incident with specific role of committing death of the said deceased by causing him fire shot injuries. The complainant and PWs may be related inter-se but their relationship is not enough to disbelieve them at this stage. There appears reasonable ground to believe that the applicant is guilty of the offence for which he is charged. No case for grant of bail to the applicant is made out; consequently, his application for his release on bail is rejected.

                                                                            J U D G E

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