ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S – 182 of 2020

Date Order with Signature of Hon’ble Judge

For hearing of bail application

22.06.2020

Mr. Shamsuddin N.Kobhar Advocate for the Applicant

Mr. Shafi Muhammad Mahar, DPG for the State

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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 caused fists, kicks, butt and lathi blows to complainant Khalid Hussain but set his Dera consisting of 10 maunds wheat and 250 Chaff on fire, for that the present case was registered.

2. The applicant on having been refused post-arrest bail by learned 3^rd. Additional Sessions Judge, Mirpur Mathelo, 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 in order to settle his ‘karap’ dispute with him; the FIR has been lodged with delay of about 20 days and co-accused Kehar and Masoo have already been admitted to bail by learned IV-Additional Sessions Judge, Mirpur Mathelo. By contending so, he prayed for grant of post-arrest bail to the applicant on point of further inquiry.

4. Learned D.P.G. for the State has recorded no objection to grant of bail to the applicant.

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

6. The FIR of the incident has been lodged with delay of about 20 days such delay could not be overlooked; the parties are already dispute over ‘karap’ and co-accused Kehar and Masoo have already been admitted to bail by learned IV-Additional Sessions Judge, Mirpur Mathelo. In these circumstances, it is rightly being contended that the applicant is entitled to grant of post-arrest bail on point of further inquiry.

7. In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/- (Fifty thousand) and P.R bond to the satisfaction of learned trial Court.

8. The instant bail application is disposed of in above terms.

Judge

ARBROHI