ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-80 of 2020

DATE                           ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

11.05.2020.

Mr. Habibullah Ghouri, Advocate for the applicant.

                        Complainant Mst.Rani Marfani in person

Mr. Muhammad Noonari, 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, being armed with deadly weapons, went over to the complainant party and then committed Qatl-e-Amd of Jigar, by causing him fire shot injuries and then went away by making aerial firing to create harassment, for that the present case was registered.

2.                    On having been refused post-arrest bail by learned 1^st Additional Sessions Judge/MCTC, Shikarpur, which could only be appreciated for its brevity, 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  in order to satisfy its land dispute with him; the FIR has been lodged with delay of about one day; the role attributed to the applicant in commission of the incident is only to the extent of    unspecified burst fires upon deceased Jigar and the complainant             and PWs are related inter-se, therefore, the applicant is entitled to grant of bail on point of further inquiry.

4.                    Learned D.P.G for the State who is assisted by the complainant has opposed to grant of bail to the applicant by contending that he has actively participated in commission of the incident by causing fire shot injuries to deceased Jigar.

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

6.                    The name of the applicant is appearing in the FIR with specific allegation that he with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, being armed with deadly weapons, went over to the complainant party and then committed Qatl-e-Amd of Jigar by causing him fire shot injuries and then went away by making fires in air to create harassment. The role of causing unspecified burst fire injuries to deceased Jigar is attributed to the applicant. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the complainant party on account of its dispute with him over the landed property. The dispute over the landed property between the applicant and complainant party might be existing but it may not be a reason for false involvement of the applicant in the present case at the cost of life of an innocent person. The complainant and PWs may be related inter-se but their relationship is not enough to disbelieve them at this stage. They are appearing to be natural witnesses to the incident. There appear reasonable grounds to believe that the applicant is guilty of the offence for which he is charged.

7.                    Consequent upon above discussion, the instant bail application is dismissed with direction to learned trial Court to expedite the disposal of case preferably within three months.

J U D G E