IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No.S-363 of 2023

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

1. For orders on O/objection at flag-A.

2. For hearing of bail application.

Date of hearing 13.11.2023.

Mr. Arif Ali Abbasi, Advocate for applicant.

Mr. Shafi Muhammad Mahar, D.P.G for State.

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O R D E R

ZULFIQAR ALI SANGI, J; Through aforesaid bail application, applicant Suleman Jatoi seeks his Pre-arrest bail in Crime No.06/2023 registered at Police Station, Raza Goth for offence punishable under Sections 302, 311, 201, 34 PPC after his bail was declined by Additional Sessions Judge, Pano Akil vide order dated 29.05.2023.

2. Facts of the case are mentioned in the FIR and copy whereof is attached with bail application therefore, there is no need to re-produce the same.

3. Learned Counsel for applicant contends that the applicant has falsely been involved in this case by the complainant with malafide intention and ulterior motives; though he is nominated in the FIR but no specific role has been attributed against him and role of causing injuries to deceased is assigned against the co-accused Samano; that the dead body is still not recovered; that there is no eye witness of the incident. He prayed for confirmation of bail.

4. Mr. Shafi Muhammad Mahar, learned Deputy Prosecutor General opposed the bail application on the ground that accused is nominated in the FIR with specific role of committing murder of one innocent lady therefore, he is not entitled for confirmation of bail.

5. Heard arguments of learned Counsel for the parties and perused the material available on record.

6. Admittedly, there is delay of one day in lodgment of FIR having no explanation. Though applicant is nominated in the FIR, however, no any role assigned against him for causing any fire-shot to the deceased. Further there appear no medical evidence to support the ocular account as the dead body has not been recovered nor even blood stained earth was recovered from the place of incident which makes the case one of further inquiry. The applicant is regularly attending this Court as well as learned trial Court and there is no allegation of misusing the concession of bail against him therefore, no useful purpose would be met in diverting back the applicant to the learned trial Court for seeking his post arrest bail.

In view of above position the applicant make out the case for grant of bail. Resultantly, this application is allowed. The interim pre-arrest bail already granted to the applicant named above vide order dated 22.06.2023 is hereby confirmed on same terms and conditions.

Bail application stands disposed of in the above terms.

J U D G E

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