ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail. Application No.S- 187 of 2021

1. For Orders on office objection.

2. For hearing of bail application

31-05-2021.

Mr. Muhammad Ali Napar, advocate for applicant.

Syed Sardar Ali Shah Rizvi, DPG 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 in prosecution of their common object, by making trespass into the house of Sajjad Ali, committed his murder by causing him fire shot injuries, for that the present case was registered.

2. The applicant on having been refused post-arrest bail by learned Sessions Judge, Sukkur, 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 in order to satisfy matrimonial dispute with him; the FIR of the incident has been lodged with delay of about four months and no specific role in commission of incident is attributed to the applicant, therefore the applicant is entitled to be released on bail on point of further inquiry.

4. Learned DPG for the State has recorded no objection to release of the applicant on bail.

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

6. The FIR of the incident is second in series and it is lodged by the complainant with delay of about four months, such delay could not be lost sight of. The identity of the applicant at night time under the light of torch is weak piece of evidence. No effective role in commission of incident, even otherwise is attributed to the applicant. The parties admittedly disputed over matrimonial affairs. In these circumstances the guilt of the applicant in commission of incident obviously is calling for further inquiry.

7. The reason which mainly has prevailed with learned trial Court for refusing bail to the applicant was his absconsion. In case of Mitho Pitafi vs. The State (2009 SCMR 299), it has been held by Honourable Apex Court that;

“----S. 497---Penal Code (XLV of 1860), Ss.302/324---Constitution of Pakistan (1973), Art.185(3)---It is well-settled principle of law that bail can be granted if an accused has good case for bail on merit and mere absconsion would not come in way while granting the bail.”

8. In view of above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.200,000/- (Two Lac rupees) and P.R bond in the like amount to the satisfaction of learned trial Court.

9. The instant Crl. Bail Application is disposed of in above terms.

Judge

Nasim/P.A.