ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail. Application No.S- 79 of 2021

For hearing of bail application

29-03-2021.

Mr. Muhammad Ali Dayo, advocate for applicant.

Mr. Manzoor Hussain Ansari, advocate for complainant.

Mr. Aftab Ahmed Shar, Additional Prosecutor General.

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Irshad Ali Shah, J;- It is alleged that the applicant with rest of the culprits after having formed unlawful assembly in prosecution of their common objection not only committed murder of Dilber by causing him fire shot injuries, but also caused fire shot injury to PW Shahbaz Dino 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 Additional Sessions Judge-I/(MCTC), Khairpur, has sought for the same from this Court by way of instant bail application under Section 497 Cr.P.C.

3. It is contended by learned counsel for the applicant that applicant being innocent has been involved in this case falsely by the complainant and no fire shot injury was sustained by PW Shahbaz Dino, therefore, the applicant is entitled to be released on bail on point of further inquiry.

4. Learned DPG for the State and learned counsel for the complainant have opposed to grant of bail to the applicant by contending that he has actively participated in commission of incident by causing fire shot injury to PW Shahbaz Dino.

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

6. The role attributed to the applicant in commission of the incident as per FIR is that he fired at the deceased and such fire hit to PW Shahbaz Dino. On medical examination PW Shahbaz Dino was found sustaining no fire shot injury and injury sustained by him has been opined to be Shajah-e-Ghyre-Jaifah Damiyah, which is bailable in nature. In these circumstances, the guilt of the applicant is calling for further inquiry.

7. In view of above, the applicant is admitted to bail, subject to his furnishing solvent surety in the sum of rupees two lacs and P.R bond in the like amount to the satisfaction of learned trial Court.

8. Instant Cr. Bail Application is disposed of in above terms.

Judge

Nasim/Steno.