ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-482 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

 

18.11.2021

 

                        Mr. Shakeel Ahmed G.Ansari, Advocate for the applicants.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

 

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IRSHAD ALI SHAH - J;- It is alleged that the applicants with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, deterred the police party of P.S Rustam, led by ASI Mansoor Ahmed, from discharging its lawful duty as public servants by making fires at them with intention to commit their murder, for that the present case was registered.

2.         The applicants on having been refused post arrest bail by learned             Sessions Judge, Shikarpur, have 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 applicants that the applicants being innocent have been involved in this case falsely by the police; there is no independent witness to the incident and the firing is ineffective one; therefore, the applicants are entitled to their release on bail on point of further enquiry.

4.         Learned Addl.P.G for the State has opposed to release of the applicants on bail by contending that the offence which they have committed is affecting the society at large.

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

6.         There is no independent witness to the incident. The firing has proved to be ineffective one. The case has finally been challaned. There is no apprehension of tempering with the evidence on part of the applicants. In these circumstances, a case for release of the applicants on bail on point of further enquiry obviously is made out.

7.         In view of above, the applicants are admitted to bail subject to their furnishing solvent surety in the sum Rs.50,000/- each and PR bonds in the like amount, to the satisfaction of the learned trial Court.

8.         The instant bail application is disposed of accordingly.           

                                                                                                                                                              JUDGE