ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 901 of 2023

(Nazir Ahmed vs. The State)

Date Order with signature of Judges

For hearing of bail application

06.06.2023

Mr. Raham Ali Rind advocate for the applicant

Mr. Muntazir Mehdi, Addl.PG for the State

-.-.-.-.-.-.-.-.-.

It is alleged that the applicant with rest of the culprits in furtherance of their common intention caused dagger blows to P.W Allah Jurio with intention to commit his murder and then went away by insulting the complainant party, for that the present case was registered. The applicant on having been refused post-arrest bail by learned Additional Sessions Judge, Sujawal has sought for the same from this Court by way of instant bail application u/s 497 Cr.P.C.

It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant in order to satisfy with him his dispute over landed property; FIR of the incident has been lodged with delay of about 02 days and injuries sustained by the injured are not falling within the prohibitory clause, therefore, he is entitled to be released on bail on point of further inquiry.

Learned Addl. P.G for the state who is assisted by complainant Allah Dino has opposed to release of the applicant on bail by contending that on arrest from the applicant has been secured the dagger which he allegedly used in the commission of the incident.

Heard arguments and perused the record.

The specific role of causing dagger blows to PW Allah Jurio on different parts of his body is attributed to the applicant; on arrest from him has been secured such dagger, therefore, in that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the complainant party. The dispute between the parties may be there over landed property but it may not be a reason for involvement of the applicant in this case falsely. The delay in lodgment of the FIR is well explained, same even otherwise could not be resolved by this court at this stage. The injuries sustained by PW/Injured Allah Jurio might not be falling within the prohibitory clause, but the intention and the circumstances whereby those injuries were caused to the said injured could not be overlooked. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged.

In view of above, it is concluded safely that no case for grant of bail to the applicant is made out. Consequently, the instant bail application is dismissed.

JUDGE