THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Misc. Application No.S-266 of 2022

Applicant:              Muhammad Yousif Umrani through Mr. Sarfaraz Khan Jatoi, Advocate.

Date of hearing:     23.02.2023

Date of Order:       23.02.2023

O R D E R

ZULFIQAR ALI SANGI, J.- Through this Criminal Misc. Application, applicant/complainant has impugned Order dated 29.09.2022, passed by learned I-Additional Sessions Judge (MCTC), Larkana, whereby he has granted bail to accused Sikandar Ali and four others in Crime No.29 of 2022 for offence under sections 302, 337-H(2), 114, 148 & 149 P.P.C registered at Police Station Rasheed Wagan.

2.                 Learned counsel for the applicant/complainant submits that accused are nominated in the F.I.R. with specific role; they are still issuing threats and they were not entitled for the concession of bail hence he has filed instant application for cancellation of bail.

3.                Heard and perused.  The operative part of the impugned order is reproduced as under:

“7.      After hearing learned counsel for the applicant, learned advocate for complainant and learned DDPP for the State, I have gone through the material available on the record.  Admittedly, there is delay of 15 days in lodging of F.I.R. The perusal of record reveals that the complainant of this case namely Muhammad Yousif had moved an application to learned SSP, Larkana on 08.09.2022 and on his application an enquiry was conducted by the DSP, Saddar, Larkana, who submitted his report on 13.09.2022 to the learned SSP, Larkana wherein he stated that he himself visited the place of occurrence and according to him no incident of murder had taken place but deceased Gulzar Ali Umrani died due to slipping from his motorcycle, therefore, in such a situation the applicants have made out their case for further enquiry.  Besides, per learned counsel, applicants have joined the investigation and they have attended learned trial Court, therefore, they have not misused concession of pre arrest bail. Accordingly, I am inclined to confirm ad-interim bail already granted to the applicants on same terms and conditions.”

4.                From the careful perusal of the impugned order it reflects that the order passed by the learned Trial Court is on sound reasons and there seems no illegality or infirmity in the same.  Result thereof, instant Criminal Miscellaneous Application is dismissed in limine having no merits.

J U D G E

Manzoor