ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail. Application No.S- 153 of 2021

1. For Orders on office objection.

2. For hearing of Bail Application

22-04-2021.

Mr. Muhammad Ali Napar, advocate for applicant.

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 committed death of Punhoon by strangulating his throat and causing him butt blows, for that the present case was registered.

2. The applicant on having been refused post-arrest bail by learned Additional Sessions Judge Pano-Aqil, has sought for the same from this Court by way of instant bail application u/s 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 in order to satisfy his dispute with him over landed property; the FIR of the incident has been lodged with the delay of about four days and the applicant on investigation was found by the police to be innocent, therefore, he is entitled to be released on bail point of further inquiry.

4. Learned APG for the State has opposed to release of the applicant on bail by contending that he has actively participated in commission of incident.

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

6. The FIR of the incident has been lodged with delay of about four days; such delay having not been explained plausibly could not be over looked. As per post mortem report of the deceased the probable time between injuries and his death may be about five hours. It belies the complainant in his FIR by stating that the deceased died within his sight, soon after receipt of injuries. On investigation, the applicant was found to be innocent by the police. The parties are disputed over landed property. 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.