ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-554 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

17.02.2022

                        Mr. Ahmed Bux Abro, Advocate for the applicant.

Mr. Inayatullah Morio, 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 applicant with rest of the culprits, during course of robbery of motorcycle and cash, caused fire shot injury to complainant Irfan Ali on his left knee-joint with intention to commit his murder, for that the present case was registered.

2.         The applicant on having been refused post-arrest bail by learned             3^rd Additional Sessions Judge, Larkana, 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 name of applicant is not appearing in FIR; it has been disclosed by the complainant and his witnesses by way of further statements, therefore, the involvement of the applicant in commission of the incident is calling for further inquiry, as such he is entitled to be released on bail.

4.         Learned Addl.P.G for the State and learned counsel for the complainant have opposed to grant of bail to the applicant by contending that the alleged offence is affecting the society at large.

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

6.         The name of the applicant is not appearing in FIR; it has been disclosed by the complainant subsequently by way of further statement, which could hardly be treated as part of FIR; there is no repetition of fire at the complainant; the injury sustained by the complainant is on non-vital part of his body; the case has finally been challaned and there is no apprehension of tampering with evidence on the part of applicant. In that situation, a case for release of the applicant on bail on point of further enquiry is made out.

7.         In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in the sum Rs.50,000/- 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