IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-408 of 2018

Applicant               :                Hussain Ali s/o Ali Hakim Metlo

Through Mr. Ghulam Sarwar Abdullah Soomro,     Advocate

Respondents       :                  Through Mr.Habibullah Ghouri,

Advocate for complainant, 

The State through Mr. Aitbar Ali Bullo, D.P.G.

Date of hearing   :                  29.11.2018          

Date of order      :                  29.11.2018

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 Liaquat Ali, by causing him shot injuries and then went away by making aerial firing to create harassment, for that he was booked and challaned in the present case .

2.                On having been refused post-arrest bail by learned 3^rd Additional Sessions Judge, Larkana, on point of hardship, 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 their enmity with him and learned trial Court has not been able to make conclusion of the trial in terms of direction issued by this Court. By contending so, he sought for release of the applicant on bail on point of hardship.

4.                Learned D.P.G and learned counsel for the complainant have sought for dismissal of the bail application by contending that it is applicant who has been found defeating the trial.

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

6.                 Admittedly, the applicant has been refused bail on merit and now he is seeking his release on bail on point of hardship alone. No doubt, the direction were issued by this Court for disposal of the case within period of three months, but there could be made no denial to the fact that it was the applicant who has been found defeating the disposal of the case by seeking adjournments for one or other reason at least for ten times. In that situation, the applicant could not be ordered to be released on bail on point of hardship or delay in disposal of the case, which apparently could not be disposed of by learned trial Court within stipulated time on account of conduct of the applicant.

7.                In view of facts and reasons discussed above, the instant bail application is dismissed.

                                                                            J U D G E