ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S- 573 of 2020

Date	Order with signature of Hon’ble Judge

For hearing of bail application.

31-12-2020.

Mr. Yasir Arafat Mahar Advocate for the applicant.

Mr. Shafi Muhammad Mahar, Deputy Prosecutor General for the State.

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Irshad Ali Shah-J:- It is alleged that applicant committed death of his wife Mst. Foziai Bibi after administrating some poison substance to her and then buried her dead body in order to save himself from legal consequences for that the present case was registered.

2. The applicant on having been refused post-arrest bail by learned Ist Additional Sessions Judge, (MCTC) Ghotki, has sought for the same from this Court by way of instant application under section 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; the FIR has been lodged by the police on behalf of the State that too with delay of about 02 days and actual cause of death of the deceased has not yet been ascertained by the police, therefore, the applicant is entitled to grant of bail on point of further enquiry.

4. Learned D.P.G. for the State has opposed to grant of bail to the applicant by contending that the case is still under investigation.

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

6. None has seen the applicant committing the alleged incident. The FIR of the incident has been lodged by the police on behalf of the state, on the basis of spy information that too with delay of about 02 days, such delay could not be ignored. The actual death of the deceased has not yet been ascertained. 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.

7. In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in the sum of Rs.200,000/- (Rupees Two Lac) and P.R bond in the like amount to the satisfaction of learned trial court.

8. The instant bail application is disposed of accordingly.

Judge

Nasim/P.A