ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 978 of 2023

(Riaz versus The State)

Date Order with signature of Judges

1. For orders on office objection at A

2. For hearing of bail application

15.06.2023

Mr. Faqir Qurban Ali, advocate for the applicant

Ms. Rubina Qadir, D.P.G.

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It is alleged that the applicant with the rest of the culprits in furtherance of their common intention caused knife injuries to PWs Owais and Sarang with intention to commit their murder, for that the present case was registered. On having been refused bail by learned Additional Sessions Judge, Sujawal, the applicant has sought for the same from this Court by making the 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; the FIR has been lodged with delay of about four hours and injury sustained by PW Sarang which is attributed to the applicant is bailable in nature, therefore, the applicant is entitled to be released on bail on point of further inquiry.

None has come forward to advance arguments on behalf of the complainant. However, learned D.P.G. for the State has opposed to release of the applicant on bail by contending that he has been apprehended at the spot together with knife used in commission of incident.

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about four hours such delay could not be overlooked. The injury sustained by PW Sarang over his left upper leg which is attributed to the applicant has been opined to be bailable in nature. The parties are already disputed over passage. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of the applicant. In these circumstances, a case for release of the applicant on bail on point of further inquiry obviously is made out.

In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/- (Rupees Fifty Thousand only) and P.R bond in the like amount to the satisfaction of the learned trial Court.

Instant bail application is disposed of accordingly.

J U D G E