ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-535 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

28.02.2022

                        Mr. Muhammad Ali Memon, Advocate for the applicant.

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,     in furtherance of their common intention committed murder of Mst.Samina after declaring her to be “Kari” with Mir Hassan Kehar, by causing her fire shot injuries, for that the present case was registered. 

2.                     The applicant on having been refused post-arrest bail by learned           1^st Additional Sessions Judge/MCTC, Shikarpur, has sought for the same from this Court by way of instant application under section 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 police; otherwise, husband, mother and father of the deceased by filing their respective affidavits have declared him to be innocent. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.         Learned Addl.P.G for the State has opposed to release of applicant on bail by contending that he has committed the murder of an innocent lady under the garb of Karap.

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

6.         No relative of the deceased has come forward to lodge FIR of the incident independently but it was lodged by ASI Muhammad Ashraf on behalf of the State. Mst.Hameedan, Hussain Bux and Guljan, who happened to be mother, father and husband of the deceased by filing their affidavits have recorded no objection to grant of bail to the applicant by stating therein that he being innocent has been involved in this case falsely by the police. In these circumstances, a case for release of the applicant on bail obviously is made out.

7.         In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in the sum Rs.200,000/- 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