ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail. Application No.S- 124 of 2021

1. For Orders on office objection.

2. For hearing of bail application

29-03-2021.

Mr. Achar Khan Gabole, advocate for applicants.

Mr. Quban Ali Malano, advocate for complainant.

Mr. Aftab Ahmed Shar, Additional Prosecutor General.

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Irshad Ali Shah, J;- It is alleged that the applicants with rest of the culprits after having formed an unlawful assembly in prosecution of their common object, have caused fire shot and hatchet injuries to PW Muhammad Shaban and Muhammad Afzal with intention to commit their murder, for that the present case was registered.

2. The applicants on having been refused post-arrest bail by learned 1^st Additional Sessions Judge/(MCTC), Ghotki, have 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 applicants that applicants being innocent have been involved in this case falsely by the complainant party in order to satisfy its old enmity with them; there is delay of one day in lodgment of the FIR; applicant Khan Muhammad is not named in FIR and no injury with hatchet was found to have been sustained by PW Muhammad Sha’aban, therefore, the applicants are 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 release of the applicants on bail by contending that they have actively participated in commission of incident.

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

6. Name of applicant Khan Muhammad is not appearing in FIR, which appears to be significant. Applicant Hidayatullah is alleged to have caused hatchet blow to PW Muhammad Sha’aban on his head. On medication examination, no hatchet blow PW Muhammad Sha’aban was found sustaining on his head, which appears to be surprising. The FIR of the incident has been lodged with delay of about one day. The parties are already disputed with each other. In these circumstances the guilt of the applicants obviously is calling for further inquiry.

7. In view of above, applicants are admitted to post arrest bail, subject to their furnishing solvent surety in the sum of rupees fifty thousand each and P.R bond in the like amount to the satisfaction of learned trial Court.

Judge

Nasim/Steno.