ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-303 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

17.08.2020

Mr. Saeed Ahmed Bijarani, Advocate for applicant

                        Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- Facts in brief necessary for disposal of instant bail application are that the applicant with rest of the culprits by making trespass into the house of complainant Chakar Ali, attempted to commit theft of his buffalo, on resistance, co-accused Noor Hassan caused lathi blow to the complainant, he then was apprehended by Sobho Sadiq, who happened to be brother of the complainant, in order to rescue him from such captivity, co-accused Mashooq alias Muhammad Hassan opened the fires, which hit to co-accused Noor Hassan and Sobho Sadiq, they both died, after sustaining fire shot injuries one after other, and then applicant with rest of the culprits made their escape good by making fires in air to create harassment, G for that the present case was registered.

2.        The applicant on having been refused post-arrest bail by learned Additional Sessions Judge, Kashmore, 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 he being innocent has been involved in this case falsely by the complainant party; the FIR of the incident has lodged with delay of one day; no buffalo which was alleged to be stolen has been secured by the police and no over-act in commission of the incident is attributed to the applicant. 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 release of the applicant on bail by contending that the offence allegedly committed by the applicant is entailing the conjoint liability and on arrest from the applicant has been secured the crime weapon.

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

6.        The FIR of the incident has been lodged with delay of about one day. The buffalo alleged to be stolen has not been secured by the police during course of investigation. The identity of the applicant at night time under light of bulb is weak piece of evidence. Even otherwise, no active role in commission of the incident is attributed to the applicant. The weapon allegedly secured from the applicant obviously was not used for causing death of the deceased. In that situation, the involvement of the applicant in commission of the incident, obviously is calling for further inquiry.

7.        In view of above, the applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.300,000/-(Three Lacs) and P.R 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