ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 Cr. Misc. Application No.S-62 of 2022

 

Date

               Order with signature of Judge

           

                    

1.    For orders on MA No.607/2022

2.    For orders on office objection at flag `A`

3.    For orders on MA No.608/2022

4.    For hearing of main case                                                           

 

07-02-2022

                

                 Mr. Ishfaque Hussain Laghari, Advocate for the applicant

 12-09-2014

                                                 .-.-.-. -.-.-.-.-.-.-.-.-

1.                 Granted.

2 to 4.          This application has been filed against the order dated 28.06.2021, passed by learned Additional Sessions Judge Mirwah, whereby interim pre-arrest bail granted to respondents No.1 to 4 was confirmed.

                     I have heard learned counsel for the applicant and perused the impugned order. Impugned order reflects that on the following grounds bail was confirmed, which are reproduced as under:-

                     “After considering the arguments and material on record, I observe and give my reasons to decide the bail in hand as follows i.e:-

1.    All the accused persons are belongs to one and same family, daughter, brother and parents, deceased is son in law to the family, complainant is first wife of deceased and second wife of accused Farah.

2.    It is not clear from the record that how, when, where and in which manner the accused persons administered the poison, which all the fat requires further inquiry.

3.    There is inordinate unexplained delay of more than one month in FIR, which is sufficient for deliberation and consultation.

4.    Though the offence falling in prohibitory clause of section 497 Cr.P.C but bail cannot be withheld only due to reasons that accused is involved in offences falling in prohibitory clause and same could be withheld as punishment and contains capital punishment.

5.    There is no allegation of misuse of concession of bail against the accused, he is fully cooperating with the investigation and attending as and when required as stated by the IO of the case.”

                     No illegality or infirmity has been found in the impugned order which requires any intereference by this court. Resultantly, instant criminal miscellaneous application is dismissed in limine along with listed application.

 

 

                                                                                             JUDGE

 

Suleman Khan/PA