ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S- 252 of 2021.

1. For Orders on office objection.

2. For hearing of Bail Application

03-05-2021.

Mr. Sohail Ahmed Khoso, advocate for the applicant.

Mr. Aftab Ahmed Shar, APG 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, committed murder of Zia-ul-Haq by causing him hammer, iron rod blows and then went away by insulting and causing fists, kicks and butt blows to complainant Irshad-ul-Haq and PW Mazhar-ul-Haq, for that the present case was registered.

2. The applicant on having been refused pre-arrest bail by learned Additional Sessions Judge-II, Naushahro Feroze, 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 party; the FIR of the incident has been lodged with delay of about one day and injury to the attributed to the applicant as per post mortem report was not found sustained by the deceased, therefore, the applicant is entitled to be released on bail on point of further inquiry.

4. It is contended by learned APG for the State that the applicant is neither innocent nor is involved in this case falsely by the complainant; the delay in lodgment of the FIR is explained and injury sustained by the deceased, which is attributed to the applicant is very much available on his head, therefore the applicant is not entitled for grant of post arrest bail as his case is not calling for further inquiry.

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

6. The applicant is named in FIR with specific allegation that he caused iron rod blow to the deceased on his head. Whatever is stated in the FIR is taking support from ancillary evidence. In that situation, it would be premature to say that applicant being innocent has been involved in this case falsely by the complainant party. The delay in lodgment of FIR by one day is explained in the FIR itself, same even otherwise could not be resolved by this Court at this stage. The deceased as per post mortem report, was found sustaining injury on left temporo frontal region of his head and same apparently is attributed to the applicant. The deeper appreciation of the facts and circumstances even otherwise is not permissible at bail stage. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged. No case for grant of bail to the applicant is made out; consequently the instant bail application is dismissed.

Judge

Nasim/Steno.