ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-437 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

07.02.2022

                        Mr. Saeed Ahmed Bijarani, Advocate for the applicants.

Mr. Safdar Ali Ghouri, Advocate for the complainant.

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 culprits,          in furtherance of their common intention, committed murder of Ali Hassan by way of suffocation, pressing pillow on his face, for that the present case was registered. 

                        The applicants on having been refused bail by learned 1^st Additional Sessions Judge, Jacobabad, have 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 applicants being innocent have been involved in this case falsely by the complainant; the FIR has been lodged with delay of about fourteen hours; the deceased has died of natural death; even otherwise there is general allegation of the incident and co-accused Anwar Ali has already been admitted to bail by learned trial Court; therefore, the applicants are entitled to be released on bail on point of further inquiry.

                        Learned Addl.P.G for the State and learned counsel for the complainant have opposed to release of applicants on bail by contending that they have committed murder of innocent person and their case is distinguishable to that of co-accused Anwar Ali.

                        I have considered the above arguments and perused the record.

                        The applicants are named in FIR with specific allegation that they with rest of the culprits in furtherance of their common intention, committed death of deceased by way of  suffocation, pressing pillow on his face, which has been recovered by the police during course of investigation. In that situation, it would premature to say that the applicants being innocent have been involved in this case falsely by the complainant. The delay in lodgment of FIR has been explained in FIR itself; such delay even otherwise could not be resolved by this Court at this stage. Nothing has been brought on the record which may suggest that the deceased has died of natural death. The case of co-accused Anwar Ali is distinguishable to that of the applicants, as he was admitted to bail mainly for the reason that his name was not appearing in FIR. There appear reasonable grounds to believe that the applicants have committed the offence which they are charged. No case for release of the applicants on bail is made out. Consequently, the instant criminal bail application is dismissed. However, the learned trial Court is directed to expedite disposal of the very case, preferably within three months after receipt of copy of this order, without being influenced by observation made by this Court.

J U D G E