ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Bail Application No.
S-342 of 2022
For
Hearing of Bail Application
23-01-2023.
Mr. Ali Ahmed
Khan, Advocate for applicants.
Mr.
Sohail Ahmed Khoso,
Advocate for complainant.
Mr. Shafi Muhammad Mahar, Deputy P.G
for the State
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Irshad Ali Shah, J;- It is
alleged that the applicants with rest of the culprits in furtherance of their
common object committed murder of Akber Ali by
causing him hatchet blows, 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 Crl. Bail Application u/s 497 Cr.P.C.
3. It is contended by learned counsel for
the applicants that the applicants being innocent have been involved in this
case falsely by the complainant; they once were declared to be innocent even by
the police and co-accused Babu and Raza Muhammad with similar role have already been admitted
to bail by learned trial Court. By contending so, he sought for release of the
applicants on bail, on point of further inquiry.
4. Learned DPG for the State as well as
learned counsel for complainant recorded no objection to release of the
applicants on bail. By contending so, they caused filing of an affidavit of
complainant Sharaf Din alias Bagan,
whereby he has also recorded no objection to release of the applicants on bail.
5. Heard arguments and perused the record.
6. The FIR of the incident has been lodged
with the delay of about 11 hours; the identity of the applicants is based on
torch light, which is a weak piece of evidence; co-accused Raza
Muhammad and Babu, who as per FIR were having similar
role have already been admitted to bail by learned trial Court. The further
statement of the complainant if any could hardly be treated as part of the FIR.
The case has finally been challaned and there is no apprehension of tempering
with the evidence on the part of the applicants. 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. The instant bail application is disposed of
accordingly.
Judge
Nasim/P.A