ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-504 of 2021.

_________________________________________________________________

DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

_________________________________________________________________

For hearing of bail application.

20.12.2021

                        Mr. Sajid Hussain Mahessar, Advocate for the applicant.

Complainant Gul Bahar in person

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

                        =  *  = * = * = * = * =

IRSHAD ALI SHAH - J;- It is alleged by the prosecution that the applicant with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, not only committed murder of Zakir Hussain by causing him fire shot injuries but caused fire shot injuries to PW Hubdar Ali with intention to commit his murder and then went away by causing fire shot injuries to cattle and making fires in air to create harassment, for that the present case was registered.

2.         The applicant on having been refused post arrest bail by learned             2^nd Additional Sessions Judge, Qamber, has 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 applicant that the applicant being innocent has been involved in this case falsely by the complainant party; the role attributed to the applicant in commission of the incident is only to the extent that he caused fire shot injuries to sheep and co-accused Ameer Ali and Wazir Ali with utmost similar role have already been admitted to bail by learned trial Court and the parties are already disputed over Karap; therefore, the applicant is entitled to be released on bail on point of further inquiry and consistency. In support of his contention, he has relied upon case of Wajid Ali Vs. The State and others (2017 SCMR-116).

4.         Learned D.P.G. for the State who is assisted by the complainant has opposed to release of the applicant on bail by contending that he has remained in absconsion for considerable period.

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

6.         The role attributed to the applicant in commission of the incident is only to the extent that he caused fire shot injury to a sheep and co-accused Ameer Ali and Wazir Ali with utmost similar role have already been admitted to bail by learned trial Court. In that situation, it would be hard to deny concession of bail to the applicant only for the reason that he has remained in absconsion for considerable period.

7.                     In case of Mitho Pitafi Vs. The State (2009 SCMR-299), it has been held by Honourable Supreme Court of Pakistan that;

“co-accused namely Jam Patafi has been released on bail by the learned trial Court but the concession of bail was declined to the petitioner on the ground that he was fugitive from law. Learned High Court of Sindh as well as learned trial Court has rejected the bail of petitioner on account of absconsion and not on merit. It is well-settled principle of law that bail can be granted if an accused has good case for bail on merit and mere absconsion would not come in way while granting the bail.

8.         In view of above, the applicant is admitted to bail subject to hir furnishing solvent surety in the sum Rs.100,000/- and P.R bonds in the like amount, to the satisfaction of the learned trial Court.

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

                                                                                                 JUDGE