ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-144 of 2023

DATE                           ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

10.04.2023.

Mr. Shahbaz Ali M.Brohi, Advocate for the applicant.

Complainant Shahban in person.

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

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J;- It is alleged that the applicant with rest of the culprits, after having formed and unlawful assembly and in prosecution of their common object, besides committing murder of Shah Nawaz, caused fire shot injury to PW Asif with intention to commit his murder, for that the present case was registered. On having been refused bail by learned Incharge 5^th Addition Sessions Judge, Shikarpur, the applicant has sought for the same from this Court by way of instant application u/s. 497 Cr.PC.

2.        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police and FIR of the incident has been lodged with delay of about two days. By contending so, he sought for release of the applicant on bail on point of further inquiry, which is not opposed by learned Addl.P.G for the State and the complainant in person.

3.        Heard arguments and perused the record.

4.        The FIR of the incident has been lodged with delay of about two days that too after due consultation, which appears to be surprising; more-so, the complainant and PW Ghulam Akbar by filing their respective affidavits have already recorded no objection to grant of bail to the applicant by stating therein that he is not found to be their real culprit. In these circumstances, a case for release of applicant on bail on point of further inquiry obviously is made out.

5.        In case of Muhammad Najeeb vs. State (2009 SCMR-448),   it has been held by Honourable Supreme Court of Pakistan that;

“complainant initially had nominated the accused in the FIR but later-on through an affidavit he has expressed his satisfaction with regard to innocence of the accused, the case of the accused was of further enquiry”.

6.        In view of above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.200,000/- and P.R bond in the like amount to the satisfaction of learned trial Court. 

7.        The instant bail application is disposed of accordingly.

JUDGE