ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-480 of 2021

 

Date

               Order with signature of Judge

           

 

Applicant:                                  Wazir Ali Narejo, through

                                                  Mr. Saeed Jamal Lund, Advocate

 

Complainant:                             Nemo

 

 

State:                                         Through  Syed Sardar Ali Shah Rizvi,

                                                  Deputy Prosecutor General

 

Date of hearing:                         27.09.2021

 

Dated of order:                           27.09.2021

                                                 

O R D E R

 

Zulfiqar Ali Sangi, J:  Applicant/accused Wazir Ali son of Faiz Muhammad Narejo, is seeking his post-arrest bail in FIR No.47/2020, registered at Police Station Faiz Muhammad Narejo, District Khairpr, under sections 302, 148, 149 and 109 PPC. Earlier his post-arrest bail plea was declined by learned Additional Sessions Judge-I/(MCTC) Khairpur, vide order dated 19.07.2021. Hence, he approached to this court for same relief.

2.              Learned counsel for the applicant has contended that the name of applicant does not transpire in the FIR but his name was subsequently given by the complainant in his further statement which was recorded after seven months of the incident, however, no role has been assigned to the applicant in the further statement. 

3.              In these circumstances, learned Deputy Prosecutor General, has conceded for grant of bail and relied on 2021 SCMR 629.

 

4.              I have heard learned counsel for the parties and perused the material available on record with their able assistance.

 

5.              Admittedly the applicant is not nominated in the FIR and his name was given by the complainant in his further statement which too was recorded after seven months of the incident, however no role has been assigned to him in the further statement. Record further reflects that the further statement of the complainant was also recorded after the case was finally challaned which makes the case of present applicant one of further enquiry, who is behind bars since 17.06.2021. Resultantly applicant is admitted to post-arrest bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (rupees fifty thousand) and PR bond in the like amount to the satisfaction of the trial court.

6.              The observations made hereinabove are tentative in nature and will not, in any manner, influence the learned Trial Court at the time of final decision of the subject case.

 

 

 

                                                                           JUDGE

 

 

 Suleman Khan/PA