ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S- 245 of 2020

Date Order with Signature of Hon’ble Judge

For hearing of bail application

22.06.2020

Ms. Farzana Bhatti Advocate for the Applicant

Mr. Deedar Ali M. Chohan Advocate a/w Complainant Muhammad Bux Gopang

Mr. Shafi Muhammad Mahar, DPG for the State

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Irshad Ali Shah-J; It is alleged that Mst. Maryam died of shock / sadness when applicant with rest of the culprits in furtherance of their common intention allegedly trespassed into house of complainant Muhammad Bux in order to settle their dispute with him over plot, for that the present case was registered.

2. The applicant on having been refused pre-arrest bail by learned IV-Additional Sessions Judge, Khairpur, has sought for the same from this Court by way of instant application u/s 498 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; Mst. Maryam has died of her natural death; co-accused Amjad Ali has already been admitted to bail by this Court and complainant Muhammad Bux Gopang now by filing his affidavit has recorded his no objection to grant of bail to the applicant, therefore, the applicant according to him is entitled to grant of pre-arrest bail on point of further inquiry and malafide.

4. Learned D.P.G. for the State and learned counsel for the complainant have recorded no objection to grant of bail to the applicant.

5. I have heard learned counsel for the parties and perused the record.

6. The FIR has been lodged with delay of about 10 hours, such delay could not be lost sight of; no injury was sustained by the deceased and her death on account of shock and sadness is appearing to be surprising; parties are already disputed over plot; co-accused Amjad Ali has already been admitted to bail by this Court; and learned DPG for the State and learned counsel for the complainant too have recorded no objection to grant of bail to the applicant. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to grant of bail on point of further inquiry and malafide.

7. In view of above, the interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions.

8. The instant bail application is disposed of accordingly.

Judge

ARBROHI