ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-221 of 2024

(Tasleem & another Vs. The State)

DATE                           ORDER WITH SIGNATURE OF JUDGE

For the hearing of the bail application.

29.07.2024.

Mr. Riaz Hussain Khoso Bhutto, Advocate for the applicants.

Mr. Noorullah Rind, Advocate for the complainant.

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

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that the applicants with the rest of the culprits, during the robbery of a motorcycle, murdered Altaf Hussain alias Makhan by causing him fireshot injuries, for which the present case was registered.

2.        The applicants having been refused post-arrest bail by learned 2^nd Additional Sessions Judge, Qamber, have sought 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 innocent and have been involved in this case falsely by the police in a blind FIR based on the further statement of the complainant, therefore, they are entitled to be released on bail on the point of further inquiry. In support of his contentions, he relied upon the case of Abdul Wahid Vs. The State and another (2022 SCMR-1954).

4.        Learned DPG for the State and learned counsel for the complainant have opposed to release of the applicants on bail by contending that on arrest from them are secured the crime weapons and one amongst them has been matched with the empties secured from the place of incident.

5.        Heard arguments and perused the record.

6.        The names and descriptions of the applicants are not appearing in the FIR; those were disclosed by the complainant by way of further statement; it was recorded with a delay of about one month to the incident. Further statement if any could hardly be treated as part of FIR. No identification parade of the applicants has been conducted. The deceased as per the postmortem report was fired at from the backside, it belies the complainant in his version that he was fired at on his chest.  The case has finally been challaned and there is no likelihood of absconsion or tampering with the evidence on the part of the applicants. In these circumstances, a case for the release of the applicants on bail on the point of further inquiry is made; such concession could not be denied to the applicants only for the reason that from them have been secured the crime weapons, which they have alleged to have been foisted upon them by the police at the instance of the complainant party.

7.        Under the discussed circumstances, 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 the learned trial Court. 

8.        The instant bail application is disposed of accordingly.

JUDGE