ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-191 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

27.04.2020.

Mr. Zafar Ali Malgani, Advocate for the applicant.

                        Mr. Muhammad Noonari, D.P.G for the State.

                                                -.-.-.-.-.-.-.-.-

Irshad Ali Shah-J: It is alleged that the applicant attempted to commit murder of his sister-in-law Mst.Aneela by strangulating her throat by declaring her to be “Kari” with one Ghulam Nabi and then made his escape good finding the  police party of P.S, Dilmurad coming to him, for that the present case was registered.

2.       The applicant on having been refused post-arrest bail by learned 1^st Additional Sessions Judge, Jacobabad, 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 police and co-accused Sadiq Ali on similar allegation has been let off by the police; section 311 PPC is not applicable to the facts and circumstances of the present case.   By contending so, he sought for release of the applicant on bail on point of further inquiry.

4.       Learned D.P.G. for the State has opposed to grant of bail to the applicant by contending that he has attempted to commit death of an innocent lady under the grab of “Karap”.

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

6.       The applicant is said to have made his escape good from the scene of occurrence only when he noticed the sudden arrival of the complainant, who being police officer allegedly went there on advance information by consuming ten minute’s time, which appears to be significant. None from the neighborhood has been examined by the police to ascertain about the correctness of the alleged incident. No 161 Cr.PC statement of victim/Mst.Aneela has been recorded by the police. Victim/Mst.Aneela in her 164 Cr.PC statement has implicated the applicant and her husband/co-accused Sadiq Ali in commission of the alleged incident. Such 164 Cr.PC statement of victim/Mst.Aneela even otherwise is recorded on 2^nd day of the incident and no plausible explanation to such delay is offered by the prosecution. Co-accused Sadiq Ali, on investigation has been let-off by the police finding him to be innocent. The applicability of Section 311 PPC in such situation requires its determination at trial. In these circumstances, the guilt of the applicant obviously is calling for further inquiry.

7.       In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in sum of Rs.200,000/- (Two Lacs) and PR 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