ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-386 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

26.11.2021

                        Mr. Saeed Ahmed Panhwar, Advocate for the applicant.

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, committed Qatl-e-Amd of Abdul Hameed by causing him fire shot injuries and then went away by insulting the complainant party, for that the present case was registered.

2.         The applicant, on having been refused post-arrest bail by learned 1^st Additional Sessions Judge, Mehar, 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 previous grudge with him over Karap; the FIR of the incident has been lodged with delay of about one day; co-accused Bhano Khan has already been admitted to bail by this Court and no active role in commission of the incident is attributed to the applicant. By contending so, he sought for post arrest bail for the applicant.

4.         Learned Addl.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.         The FIR of the incident has been lodged with delay of about one day. No active role in commission of the incident is attributed to the applicant. The parties are already disputed over “Karap” and co-accused Bhano Khan with utmost similar role has already been admitted to bail by this Court; therefore, the applicant is found entitled to grant of post arrest bail on point of further inquiry and consistency.

7.         In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.100,000/-and PR bond in the like amount to the satisfaction of learned trial Court.

8.         The instant criminal bail application is disposed of accordingly.       

                                                                                                   J U D G E