ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. B. A. No. 1101 of 2022

(Darya Khan vs. The State)

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DATE ORDER WITH SIGNATURE OF JUDGE(s)

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For hearing of bail application

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01.08.2022

Mr. Majid Ali Khichi advocate for the applicant

Mr. Talib Ali Memon, Assistant P.G Sindh

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Irshad Ali Shah J.—It is alleged that the applicant caused knife injuries to PW Mst. Karimat who happened to be his wife, with intention to commit her murder, for that the present case was registered. On having been refused bail by learned IV-Additional Sessions Judge Malir Karachi, the applicant has sought for the same from this Court by way of instant application u/s 497 Cr.P.C.

It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant in order to satisfy her matrimonial dispute with him; the FIR of the incident has been lodged with delay of about one day; Section 324 PPC is not applicable to the facts and circumstances of the case; while injuries sustained by Mst. Karimat are not falling within prohibitory clause, therefore, the applicant is entitled to be released on bail on point of further inquiry.

None has come forward to advance arguments on behalf of the complainant. However, learned Assistant P.G for the State has opposed to release of the applicant on bail by contending that on arrest from him has been secured the incriminating knife.

Heard arguments and perused record.

The FIR of the incident has been lodged with delay of about one day and such delay having not been explained plausibly could not be overlooked. The injuries sustained by Mst. Karimat are opined to have been falling under Section 337-F(ii) PPC. Whether such injuries were caused to her allegedly by the applicant with intention to commit her murder is calling for its determination at trial. The parties are already disputed over matrimonial affairs. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicant. In these circumstances a case for release of the applicant on the point of further inquiry obviously is made out.

In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in the sum Rs.50,000/- (Rupees Fifty Thousands Only) and PR bond in the like amount, to the satisfaction of the learned trial Court.

The instant criminal bail application is disposed of accordingly.

J U D G E