ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-83 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

14.03.2022

                        Mr. Shahbaz Ali Brohi, 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, after having formed an unlawful assembly and in prosecution of their common object, deterred the police party of P.S Napar Kot, led by SHO Muhammad Azam Kolachi, from discharging their lawful duty as public servants by making fires at them with intention to commit their murder and then made their escape good, for that the present case was registered.

2.         The applicant on having been refused post arrest bail by learned             Sessions Judge, Shikarpur, 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 applicant being innocent has been involved in this case falsely by the police and the firing is ineffective one. 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 the applicant on bail by contending that he has remained in absconsion for noticeable period spreading over six years.

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

6.         There is no independent witness to the incident despite advance information. The alleged firing though made from close range has proved to be ineffective one in all respect, which appears to be surprising. In these circumstances, a case for release of the applicant on bail on point of further enquiry is made out and such concession could not be denied to him only for the reason that he has remained in absconsion for noticeable period spreading over six years.

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