ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-172 of 2023

(Rustam and another vs. The State).

DATE                           ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

08.05.2023.

Mr. Habibullah Ghouri, Advocate for the applicants.

Complainant Muharram in person.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that the applicants with rest of the culprits, in furtherance of their common intention, committed murder of Mir Muhammad by causing him fire shot injuries and then went away by making aerial firing to create harassment and insulting complainant Muharram; for that the present case was registered. On refusal of bail by learned 1^st Additional Sessions Judge/MCTC, Dadu, the applicants have sought for the same from this Court by way of instant bail application under Section 497 Cr.PC.

2.        Heard arguments and perused the record.

3.        The FIR of the incident has been lodged with delay of five days; such delay having not been explained plausibly could not be overlooked. The role attributed to the applicants in commission of the incident is only to the extent of making aerial firing and they on investigation were let off by the police finding them to be innocent. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicants. In these circumstances, a case for release of applicants on bail on point of further inquiry obviously is made out.

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

5.        The instant bail application is disposed of accordingly.

JUDGE