ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S- 171 of 2021

1. For Orders on office objection.

2. For hearing of bail application

17-05-2021.

Syed Tanveer Abbas Shah, advocate for applicant.

Mr. Mushtaq Ahmed Kolachi, advocate for legal heir of deceased Imam Bux.

Syed Sardar Ali Shah Rizvi, Deputy Prosecutor General.

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Irshad Ali Shah, J;- It is alleged that the applicant with rest of the culprits in furtherance of their common intention committed murder of Mst. Izatan and Imam Bux by strangulating their throats, after declaring them to be “Karo Kari”, for that the present case was registered.

2. The applicant on having been refused post-arrest bail by learned Additional Sessions Judge/(MCTC), Ubauro, 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 police; no postmortem has been conducted over the dead body of Mst. Izatan, the relatives of both of the deceased have come with different version by making separate applications u/s 22-A & B Cr.P.C for lodgment of their own FIRs; therefore, the applicant is entitled to grant of bail on point of further inquiry.

4. Learned DPG for the State and learned counsel for legal heir of deceased Imam Bux have opposed to grant of bail to the applicant by contending that he has actively participated in commission of incident by committing death of Mst. Izatan by strangulating her throat and then through his relatives has prevented the officers on duty from conducting postmortem report on her dead body. In support of their contention, they relied upon cases of Ahmed etc Vs. The State (NLR 1987 Criminal 597) and Bashir Ahmed Vs. The State (2004 P.Cr.L.J 1326).

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

6. The FIR of the incident has been lodged by ASI Rasool Bux Chandio of PS Khenju on behalf of the State. He apparently was having no reason to have involved the applicant in this case falsely at the cost of lives of two innocent persons. The relatives of the deceased might have made different version of the incident by making separate applications u/s 22-A & B Cr.P.C for lodgment of their own FIRs, but filing of such applications has got no bearing on the facts and circumstances of the present case, which after its cognizance is pending trial before the Court having jurisdiction, for the reason that deeper appreciation of facts and circumstances is not permissible at bail stage. The dead body of Mst. Izatan was brought at hospital for post mortem and as per inquiry report; it was taken away by her relatives forcibly without postmortem, obviously to defeat the investigation. By such act no benefit could be extended to the applicant in shape of his release on bail. It is a double murder case; its gravity could not be ignored or over looked at this stage for the reason that it has been committed under the garb of “Karap”. It would be premature to say that the applicant being innocent has been involved in this case falsely by the police. On the contrary 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 with direction to learned trial to expedite disposal of very case preferably within three months, after receipt of copy of this Order.

Judge

Nasim/Steno.