ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.S-43 of 2022

Date	Order with signature of Judge

1. For orders on MA No.421/2022

2. For orders on MA No.422/2022

3. For hearing of main case

21-02-2022

Applicant Bakhtiar Hussain present in person

.-.-.-. -.-.-.-.-.-.-.-.-

1. Granted.

2 & 3. Heard applicant in person. Carefully examined the impugned order dated 05.01.2022, passed by learned Additional Sessions Judge-I (MCTC) Khairpuri, whereby learned trial court has granted bail to the respondents and has observed in paragraph No.3 as under:-

“11. Heard learned Advocate for applicant/accused. Learned ADPP for the State with assistance of learned counsel for complainant and have perused the material available on record which shows that applicant/accused are not nominated in FIR. Neither their specific role has been shown in the FIR. Further perusal of police papers shows that on 11.11.2021 further statement of accused was recorded in which name of applicant/accused was shown they were present with deadly weapons i.e KK and rifle and they have not used the same weapon for causing any injury to deceased. Further perusal of case file shows that murder of deceased Nisar was committed by co-accused Muhammad Nawaz alias Papoo who has not applied for bail is not and the further statement of complainant also recorded with laps of 10 days hence case requires further inquiry. Insofar as the aspect of sharing common intention in the commission of offence the same is to be decided after recording evidence. It is settled principle that bail application are to be decided tentatively and deeper appreciation is not permissible at bail stage.”

No illegality or infirmity has been found in the impugned order which requires any interference by this court, therefore this application is dismissed in limine along with listed application.

JUDGE

Suleman Khan/PA