ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-384 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

16.12.2021

                        Mr. Sarfraz Khan Jatoi, Advocate for the applicants.

Mr. Rafique Ahmed Abro, Advocate for complainant.

Mr. Aitbar Ali Bullo, Deputy Prosecutor General for the State.

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IRSHAD ALI SHAH - J;- It is alleged by the prosecution that the applicants with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, caused fire shot, hatchet and lathi blows to PWs Zahid Hussain, Aijaz and Ghulam Asghar, with intention to commit their murder and then went  away by making aerial firing to create harassment and insulting complainant Ghulam Shabir, for that the present case was registered.

2.         The applicants on having been refused post arrest bail by learned             3^rd Additional Sessions Judge/MCTC, Larkana, 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 complainant party in order to satisfy its dispute with them over the landed property; the blows sustained by the injured, which are attributed to the applicants in commission of the incident are bailable and the applicants are in custody for more than four months without effective progress in trial of their case, therefore, they are entitled to be released on bail on point of further inquiry.

4.         Learned D.P.G. for the State and learned counsel for the complainant have opposed to release of the applicants on bail by contending that they have actively participated in commission of the incident by causing hatchet/lathi blows to the injured.

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

6.         The FIR of the incident has been lodged with delay of about four hours. The blows sustained by the injured which have been attributed to the applicants obviously are bailable in its nature. Whether bailable injuries were caused by the applicants to the injured with intention to commit their murder? It requires determination at trial. The parties are already disputed over the landed property. The case has finally been challaned. There is no apprehension of tampering 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 P.R bonds in the like amount, to the satisfaction of the learned trial Court.

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

                                                                                                 JUDGE