THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-201 of 2022

Applicant:            Hafiz Muhammad Nawaz Brohi through Mr. Azhar Hussain Abbasi, Advocate.

Complainant:      None present for the complainant.

Respondent:        The State

Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  20.10.2022

Date of Order:     20.10.2022

O R D E R

AMJAD ALI SAHITO, J.- Through instant Criminal Bail Application, applicant/accused Hafiz Muhammad Nawaz son of Lal Bux Brohi seeks post-arrest bail in Crime No. 06/2022, offence under Sections 302 & 34 PPC of the Police Station Raheemabad District Shikarpur. Prior to this, he filed such application, but the same was turned down by the Court of Ist-Additional Sessions Judge/Model Criminal Trial Court, Shikarpur vide order dated 30.03.2022; hence he filed instant Criminal Bail Application.

2.                The details and particulars of the F.I.R. are already available in the bail application  and F.I.R., same could not gathered from the copy of F.I.R. attached with such application, hence, needs not to reproduce the same hereunder.

3.                Per learned counsel, the applicant/accused is innocent and he has been falsely implicated in this case by the complainant with mala fide intention and ulterior motives; that the name of the applicant/accused does not transpire in the F.I.R. nor any specific role has been assigned to him in this case. He further submits that after delay of 19 days further statement of the complainant was recorded and the applicant has been implicated in this case. Lastly, learned counsel prayed for grant of bail to the applicant/accused.

4.                Notice was issued to the complainant but he has chosen to remain absent. Learned D.P.G has vehemently opposed the grant of bail, however he admits that name of the applicant/accused does not transpire in the instant F.I.R.

5.                Heard and perused. Perusal of record reveals that some unknown person has committed murder of the son of the complainant and thereafter he has lodged F.I.R. against the unknown accused.  Admittedly, the name of the applicant/accused does not transpire in the F.I.R. nor any specific role has been assigned and it is the case of unseen witness. The applicant/accused has been booked in the case in the further statement of the complainant with delay of 19 days even in that further statement no specific role has been assigned to the applicant/accused. The applicant is in jail, is no more required for further investigation and his detention will not improve the case of the prosecution. Learned counsel for the applicant pleaded malafide on the part of the complainant. Learned counsel for the applicant/accused has made out case for grant of bail under sub-section (2) of section 497 Cr.P.C. The challan has been submitted and the applicant/accused is no more required for further investigation. 

6.                Accordingly, the bail application is allowed and the applicant/accused is admitted to bail subject to his furnishing solvent surety in the sum of Rs.100,000/-(Rupees One Hundred Thousands only) and P.R.Bond in the like amount to  the satisfaction of the learned Trial Court.

7.                Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of either party at trial.

                                J U D G E

Manzoor