ORDER SHEET
IN THE HIGH COURT OF SINDH
BENCH AT SUKKUR
Crl. Bail Application No. D-97 of 2022
Before;
Mr.
Justice Zafar Ahmed Rajput
Mr.
Justice Irshad Ali Shah
1. For orders
on office objection.
2. For Hearing
of bail application
10-01-2023.
Mr.
Nisar Ahmed Bhanbhro,
Advocate for applicants.
Mr. Ali Mardan Shar, Advocate for legal heirs of deceased Atta
Muhammad.
Mr.
Syed Sardar Ali Shah Rizvi,
Additional P.G for the State
>>>>>…<<<<<
Irshad Ali Shah, J;- It is alleged that the applicants with
rest of the culprits after having formed an unlawful assembly and in
prosecution of their common object, deterred the police party of PS B-Section Khairpur led by ASI Talib Hussain Jiskani, from discharging
its lawful duty as public servant by making fires at them, with intention to
commit their murder by resorting to terrorism, as a result of such firing PC
Atta Muhammad lost his life and then they made their escaped good, for that the
present case was registered.
2. The applicants on having been refused
bail by learned trial Court; have sought for the same from this Court by way of
instant Bail Application u/s 497 Cr.P.C R/W section
21-D of ATA, 1997.
3. It is contended by learned counsel for
the applicants that the applicants being innocent have been involved in this
case falsely by the police; they are in custody since three years without
effective progress in their trial and they have been declared innocent by
father of the deceased by filing his affidavit, therefore, they are entitled to
be released on bail on point of further inquiry.
4. Learned counsel for the legal heirs of
the deceased has recorded no objection to release of the applicant on bail. However
learned APG for the State has opposed to release of the applicants on bail by
contending that they have committed the offence which is affecting the society
at large.
5. Heard arguments and perused the record.
6. No specific injury to the deceased is
attributed to either of the applicant and more so, Allah Wadhayo,
who happened to be father of the deceased by filing his affidavit
has recorded no objection to release of the applicants on bail by stating
therein that they are not the real culprits of the incident. The case is
finally challaned and there is no apprehension of
tempering with the evidence on the part of applicants, who even otherwise are
said to be in custody for about three years without effective progress in trial
of their case. In these circumstance; a case for release of the applicants on
bail, on point of further inquiry obviously is made out.
7. In view of above the applicants are
admitted to bail subject to their furnishing solvent surety in sum of Rs.200,000/- (Two lac) each
and P.R bond in the like amount to the satisfaction of learned trial
Court.
8. Above are the reasons of short order of
even date whereby the instant bail application was allowed.
Judge
Judge
Nasim/P.A