ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-336 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

10.08.2020

M/S. Shahbaz Ali Brohi and Abdul Rehman Bhutto,            Advocates for the applicant

                        Complainant Ayaz Ahmed Soomro in person

                        Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of  culprits, after having formed an unlawful assembly and in prosecution of their common object, by making encroachment over the plot, committed Qatl-e-Amd of Ghulam Mustafa by causing him fire shot injuries and then went away by insulting and threatening the complainant party of 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, Shikarpur, has sought for the same from this Court by way of instant bail 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 satisfy their dispute with him over the plot; the FIR of the incident has been lodged with delay of about two days and no specific injury to the deceased is attributed to the applicant. By contending so, they sought for post-arrest bail for the applicant on point of further inquiry.

4.        Learned D.P.G for the State and complainant Ayaz Ahmed Soomro in person have recorded no objection to grant of post-arrest bail to the applicant by contending that the parties have compounded the offence. By stating so, they brought on record the affidavit of the complainant to such effect.

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

6.        The FIR of the incident has been lodged with delay of about two days; such delay could not be overlooked. As per FIR, the applicant and co-accused Iqbal fired at the deceased, the deceased on medical examination was found sustaining one injury (entry & exit), who caused such injury to the deceased? It is not specified, which appears to be significant. The parties are already disputed over the plot. Learned D.P.G for the State and complainant in person have recorded no objection to grant of bail to the applicant. In that situation, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to be released on bail on point of further inquiry.

7.        In view of above, the instant bail application is accepted. Consequently, the applicant is admitted to 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.        Needless to say that the observation recorded above is tentative in nature and same may not affect the case of either party at trial.

                                     J U D G E