ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-409 of 2021.

_____________________________________________________________

DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

______________________________________________________________

01. For orders on M.A.No. 7126/2021 (U/A)

02. For orders on office object “A”.

03. For hearing of bail application.

11.11.2021

                        Mr. Faiz Muhammad Larik, Advocate for the applicant.

Mr. Abdul Ghaffar, A.P.G for the State.

                        =  *  = * = * = * = * =

01.       Urgency granted.

02.       Overruled.

03.       It is alleged that on arrest from the applicant was secured an unlicensed T.T Pistol of 30 bore with magazine containing three live bullets of same bore by ASI Mehar Ali Shah of P.S Garhi Hassan, whereby it is alleged that he mistakenly committed murder of a boy named Ghulam Hussain, for that the present case was registered.

            The applicant on having been refused post-arrest bail by learned Sessions Judge, Jacobabad, has sought for the same from this Court by way of instant application under section 497 Cr.PC.

            It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police; there is no independent witness to the incident; the applicant has already been admitted to bail in main case; therefore, the applicant is entitled to grant of post-arrest bail on point of further inquiry.

            Learned A.P.G for the State has opposed to grant of post-arrest bail to the applicant by contending that the applicant is fully implicated in commission of the incident.

            I have considered the above arguments and perused the record.

            There is no independent witness to the incident. In main case the applicant has already been admitted to bail. The case has finally been challaned. There is no apprehension of tampering with the evidence on the part of applicant. The applicant is in custody since three months without effective progress in trial of his case. In these circumstances, the applicant is found entitled to grant of post-arrest bail on point of further inquiry.

            In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/-and PR bond in the like amount to the satisfaction of learned trial Court.

            The instant application is disposed of accordingly.     

                                                                                              J U D G E