ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-47 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

1. For orders on office objection

2. For hearing of main case.

27.03.2020.

Mr.Amanullah Luhur, advocate for applicant.

                        Mr. Abdul Ghani Bijarani, Advocate for complainant 

Mr. Aitbar Ali Bullo, D.P.G for the State.

                        =

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 not only committed murder of Misri alias Nadir by causing him hatchet and lathi blows but also caused lathi and hatchet blows to complainant and PWs Achar and others with  intention to commit their murder, for that the present case was registered.

2.       The applicant on having been refused post arrest bail by learned 1^st Additional Sessions Judge, Kandhkot, has sought for the same from this Court by way of instant application u/s 497 Cr.P.C.

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; the FIR has been lodged with delay of 15 hours; the specific role of causing death of the deceased is attributed to     co-accused Gulzar and Jahangir, who are still absconding; co-accused Abdul Ghafoor and 14 others have already been admitted to bail by learned trial Court and there is dispute between the parties over matrimonial affairs. By contending so, he sought for post arrest bail for the applicant on point of further enquiry.

4.       Learned D.P.G. for the State and learned counsel for the complainant have opposed to grant of bail to the applicant by contending that he has actively participated in commission of the incident by causing lathi blow to PW Achar.

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 15 hours, such delay could not be lost sight of; the specific role of causing death of deceased Misri alias Nadir is attributed to absconding accused Gulzar and Jahangir; the role attributed to the applicant in commission of the incident is only to the extent of causing lathi blow to PW Achar on his head; the parties are already disputed over the matrimonial affairs and co-accused Abdul Ghafoor and 14 others have already been admitted to bail by learned trial Court. In these circumstances, the guilt of the applicant obviously is calling for further inquiry.

7.       In view of above, the applicant is admitted to post arrest bail subject to his furnishing solvent 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 bail application is disposed of accordingly.

J U D G E