ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-365 of 2022

(Fayaz Ahmed and another Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application.

13-02-2023.

Mr. Qurban Ali Malano, advocate for applicants.

Mr. Shafi Muhammad Mahar, Deputy 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, committed murder of Rafique Ahmed by causing him lathi blows and went away by causing lathi blows to complainant Abdul Waheed and PW Tofique Ahmed, for that the present case was registered.

2. The applicants on having been refused bail by learned Ist Additional Sessions Judge/(MCTC), Ghotki, have sought for the same from this Court by way of instant 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 party in order to satisfy its old enmity with them; the FIR has been lodged with delay of about 07 days and deceased has died of Cardic arrest. By contending so, he sought for release of the applicants on bail on point of further inquiry.

4. Learned DPG for the State has opposed to grant of bail to applicants by contending that they have caused lathi blows to the deceased.

5. Heard arguments and perused the record.

6. The applicants are named in the FIR with allegation that they with rest of the culprits went over to the complainant party and then in prosecution of their common object caused lathi blows to complainant, his father Rafique Ahmed and his brother Tofique Ahmed in order to satisfy their enmity with them; eventually Rafique Ahmed died of such blows. In that situation it would be premature to say that applicants being innocent have been involved in this case falsely by the police. The delay in lodgment of FIR is well explained in FIR itself. It occurred for the reason that the deceased in serious condition was taken to Hospital and he died there during treatment, such delay even otherwise could not be resolved by this Court at this stage. The Cardic arrest of the deceased obviously was on account of the blows which he sustained during course of present incident; therefore, such fact alone could not be made a reason for grant of bail to the applicants. On arrest from the applicants, have been secured the lathies, which they allegedly used in the commission of incident. There appear reasonable grounds to believe that the applicants are guilty of the offence with which they are charged. No case for grant of bail to the applicants is made out; consequently, the instant bail application is dismissed.

Judge

Nasim/P.A.