ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-117 of 2023

DATE                          ORDER WITH SIGNATURE OF JUDGE

 

 

For hearing of bail application.

 

17.04.2023.

Mr. Zafar Ali Malgani, Advocate for the applicant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

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

 

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits after having formed an unlawful assembly and in prosecution of its common object, committed murder of Gulsher and Dilsher, by causing them fire shot injuries and then went away by making aerial firing to create harassment for that the present case was registered.

 

2.        On refusal of bail by learned 1st Additional Sessions Judge, Jacobabad, the applicant has sought for the same from this Court by way of instant bail application under Section 497 Cr.PC.

 

3.        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant by way of further statement otherwise he has nothing to do with the alleged incident.  By contending so, he sought for release of the applicant on bail on point of further inquiry

 

4.        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 on arrest from him has been secured the crime weapon.

 

5.        Heard arguments and perused the record.

6.        The name of the applicant is not appearing in FIR though it has been lodged with delay of one day; it was disclosed subsequently by the complainant by way of further statement which could hardly be treated as part of FIR; even otherwise, the role attributed to the applicant in commission of the incident is only to the extent of making aerial firing to create harassment, therefore, his involvement in commission of the incident on the basis of allegation of aerial firing of course would be determined at trial; the case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicant. In these circumstances, a case for release of the applicant on bail on point of further inquiry is made out.

 

7.        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. 

 

8.        The instant bail application is disposed of accordingly.

                                                                                                       JUDGE