ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-150 of 2023

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For hearing of bail application.

 

10.04.2023.

 

Mr. Abdul Hameed Mangi, Advocate for the applicants.

Complainant Mst.Khanul Begum 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 culprits, after having formed an unlawful assembly and in prosecution of their common object, besides committing murder of Ghulam Asghar, caused fire shot injuries to PWs Saddar and Rasool Bux with intention to commit their murder and then went away by making aerial firing to create harassment, for that the present case was registered.

 

2.        On having been refused post-arrest bail by learned 1st Additional Sessions Judge/MCTC, Shikarpur, the applicants have sought for the same from this Court by way of instant application u/s. 497 Cr.PC.

 

3.        It is contended by learned counsel for the applicants that the applicants are not implicated in commission of the incident by complainant and PW Ali Jan; therefore, they are entitled to be released on bail on point of further inquiry, which is not opposed by learned Addl.P.G for the State and the complainant in person.

 

4.        Heard arguments and perused the record.

5.        The FIR of the incident has been lodged with delay of about two days; such delay having not been explained plausibly could not be lost sight of; it is reflecting consultation and deliberation; Complainant and Mst.Khanul Begum and PW Ali Jan during course of their examination have impliedly declared the applicants to be innocent by stating that they are neither the same nor are involved in commission of the incident. In these circumstances, a case for release of the applicants on bail on point of further inquiry obviously is made out.

 

6.        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. 

 

7.        The instant bail application is disposed of accordingly.

                                                                                                       JUDGE