ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-362 of 2020

 

Date of hearing

 

Order with signature of Judge

 

                                    For hearing of bail application.

08.10.2020.

 

                                Mr. Khadim Hussain Khoso, Advocate for the applicant

Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicant with one more culprit, in furtherance of their common intention, committed         Qatl-e-Amd of his wife Mst.Shazia after declaring her to be Kari with one Muhammad Hassan alias Hasu, and then caused disappearance of evidence by burying her dead body in order to save him from legal consequences, for that the present case was registered by SIP Muhammad Khan Malgani on behalf of the State.

2.        The applicant, on having been refused post-arrest bail by learned 1st Additional Sessions Judge, Shahdadkot, 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 police; the FIR has been lodged with delay of about four days to the incident; there is no eye witness to the incident and cause of death of the deceased as per medical evidence could not be detected, therefore, the applicant is entitled to be released on bail on point of further inquiry.

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

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

6.        No private person has come forward to lodge FIR of the incident, which appears to be surprising. It is lodged by the complainant on behalf of the State that too with delay of about four days to the incident and such delay could not be lost sight of. There is no eye witness to the incident. The cause of death of the deceased could not be detected even by the medical board. In these circumstances, 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