IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Criminal Bail Application No. S-551 of 2022

(Pir Bux Sodhro and anotherr v State)

Date Order with signature of Judge

For hearing of Bail Application.

Date of hearing : 06.02.2023

Mr. J.K. Jarwar Advocate for applicants.

Complainant Mst.Razia Khatoon in person.

Mr. Shafi Muhammad Mahar, D.P.G.

O R D E R

Irshad Ali Shah, J. It is alleged that the applicants with rest of the culprits in furtherance of their common intention committed murder of Ishtiaque Hussain by causing him ‘Sarota’ blows, for that the present case was registered.

2. The applicants on having been refused post-arrest bail by learned IInd Additional Sessions Judge Naushahro Feroze have sought for the same from this Court by way of instant bail application under Section 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 party in order to satisfy its grudge with them over raising of wall and very case on investigation was recommended by the police to be cancelled under ‘C’ Class. By contending so, he sought for release of the applicants on bail the point of further enquiry.

4. Learned DPG for the State, who is assisted by the complainant has opposed to release of applicants on bail by contending that they are vicariously involved in commission of incident.

5. Heard arguments and perused the record.

6. As per postmortem report no external injury was found on the person of the deceased and cause of his death was cardiac failure. The very case on investigation was recommended by the police to be cancelled under ‘C’ Class. The applicants are in jail and there is no apprehension of tampering with the evidence on their part. The parties are already disputed over raising of wall. In these circumstances the case for the release of applicant on bail on point of further enquiry is made out.

7. In view of above, the applicants are admitted to bail subject to their furnishing surety in sum of Rs.200,000/- each and P.R Bond in the like amount to the satisfaction of the learned trial Court.

8. The instant bail application is disposed of accordingly.

J U D G E

Akber.