ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-314 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

01.10.2020.

Mr. Ali Ahmed Khan, Advocate for the applicant

Mr. Faiz Muhammad Larik, Advocate for complainant

Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, in furtherance of their common intention, committed      Qatl-e-Amd of Qabool, by causing him hatchet blows, for that the present case was registered.

2.                    The applicant on having been refused post-arrest bail by learned 1^st Additional Sessions Judge/MCTC, Shikarpur, has sought for the same from this Court by way of instant bail application under section 497 Cr.PC.

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 its matrimonial dispute with him; the FIR of the incident has been lodged with delay of about five days; the roznamcha entry lodged in respect of the incident is not containing the name of applicant and the applicant is juvenile offender. By contending so, he sought for release of the applicant on bail as his case is calling for further inquiry. In support of his contention, he relied upon case of Nooruddin and others Vs. The State (2005 MLD-1267).

4.                    Learned D.P.G for the State and learned counsel for the complainant have opposed to grant of bail to the applicant by contending that he has actively participated in commission of the incident by causing hatchet blow to the deceased and on arrest from him has been secured the incriminating hatchet.

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

6.                   Prior to FIR, Entry No.09, dated 04.11.2019, in respect of the same incident was recorded in roznamcha by the police at the instance of Dil Murad, happened to be brother of the deceased. It is not containing the name of the applicant, which appears to be surprising. The FIR of the incident has been lodged by the complainant with delay of about five days that too after having consultation with her elders and such delay having not been explained plausibly could not be overlooked. The hatchet has been secured from the applicant on 10^th day of his arrest, which appears to be significant. The investigation of the case is over. The applicant is said to be a juvenile offender. The parties admittedly are disputed over matrimonial affairs. In that situation, the guilt of the applicant 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.200,000/- 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