ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-19 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

10.02.2022

                        Mr. Ali Nawaz Ghanghro, Advocate for the applicants.

Mr. Abdul Rehman Bhutto, Advocate for the complainant.

Mr. Abdul Ghaffar Kalhoro, A.P.G for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicants with rest of the culprits, in furtherance of their common intention, caused fire shot injury to complainant Abdul Latif at his right arm, with intention to commit his murder and then went away by making firing at PWs Ali Hassan and Abdul Hameed, for that the present case was registered against him.

2.         The applicants on having been refused post arrest bail by learned             Sessions Judge, Jacobabad, 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 “Karap” dispute with them; the FIR of the incident has been lodged with delay of about one day and the injury sustained by complainant is not falling within prohibitory clause of Section 497 Cr.PC. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.         Learned A.P.G. for the State and learned counsel for the complainant have sought for dismissal of the instant bail application by contending that the case is fresh one and they have actively participated in commission of the incident.

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; such delay could not be overlooked. The 161 Cr.PC statements of the PWs too have been recorded with further delay of one day even to FIR, which appears to be surprising. The fires allegedly made at PWs Ali Hassan and Abdul Hameed proved to be ineffective. The fire shot injury sustained by the complainant is on non-vital part of his body and it is not falling within prohibitory clause of Section 497 Cr.PC. The parties are already disputed over matter of “Karap”. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicants. In these circumstances, a case for release of the applicants on bail on point of further enquiry 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 PR bond in the like amount, to the satisfaction of the learned trial Court.

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

                                                                             JUDGE