ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-153 of 2023

(Rizwan Ali vs. The State).

 

DATE                          ORDER WITH SIGNATURE OF JUDGE

 

 

For hearing of bail application.

 

17.04.2023.

 

Mr. Safdar Ali Ghouri, Advocate for the applicant.

Complainant Mst.Noor Khatoon in person

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 Azhar Ali and Abdul Jabbar by causing them fire shot injuries and then went away by causing damage to motorcycle of the complainant party and making aerial firing to create harassment; for that the present case was registered.

 

2.        On having refusal of bail by learned 1st Additional Sessions Judge, Shikarpur, 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 police; the FIR has been lodged with delay of about five days and more-so complainant Mst.Noor Jahan, PWs Aijaz Ali and Hidayatullah by filing their affidavits have recorded no objection to release of the applicant on bail by stating therein that he is innocent. By contending so, he sought for release of the applicant on bail on point of further inquiry.

 

4.        Learned D.P.G for the State has opposed to release of the applicant on bail by contending that the offence which he has allegedly committed is affecting the society at large.  However, Shamsuddin and Altaf Ali who happened to be father and brother of deceased Azhar and Abdul Jabbar respectively have recorded no objection to release of the applicant on bail by filing their affidavits.

 

5.        Heard arguments and perused the record.

6.        The FIR of the incident has been lodged with delay of about five days; such delay having not been explained plausibly could not be overlooked. Complainant Mst.Noor Khatoon, PW Aijaz Ali and Hidayatullah have recorded no objection to release of the applicant on bail by filing their affidavits by stating therein that he was not available at the place of incident. By stating so, they impliedly have declared the applicant to be innocent. The case has finally been challaned and there is no apprehension of evidence on the part of applicant. In these circumstances, a case for release of applicant on bail on point of further inquiry obviously is made out.

 

7.        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”.

 

8.        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. 

9.        The instant bail application is disposed of accordingly.

                                                                                                         JUDGE