ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl.B.A.No.S-69 of 2023
(Ghulam Nabi Jafferi Vs. The State)
DATE ORDER WITH SIGNATURE OF JUDGE
For the hearing of the bail application.
01.08.2024.
Mr.Habibullah Ghouri, Advocate for the applicant.
Complainant in person.
Mr. Aitbar Ali Bullo, D.P.G for the State.
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IRSHAD ALI SHAH, J.- It is alleged that the applicant with the rest of the culprits, after having formed an unlawful assembly and in the prosecution of its common object, fired and killed Karam Ali and then went away by making fires in the air to create harassment and by issuing threats of murder to complainant Mst.Satari Khatoon and her witnesses, for which the present case was registered.
2. The applicant having been refused post-arrest bail by learned 1st Additional Sessions Judge/MCTC, Shikarpur, has 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 applicant that the applicant is innocent and has been involved in this case falsely by the police; there is a counter version of the incident; therefore, the applicant is entitled to be released on bail on point of further inquiry, which is not opposed by learned D.P.G for the State and the complainant in person.
4. Heard arguments and perused the record.
5. The FIR of the incident is lodged with a delay of about two days. The deceased was found sustaining a single fireshot, which is not attributed to any of the culprits involved in the incident specifically. More so, Complainant Mst.Satari Khatoon, PWs Mst.Maryam and Mst.Hajul Khatoon had recorded no objection to the release of the applicant on bail by filing their respective affidavits. The case has finally been challaned and there is no likelihood of absconsion or tampering with the evidence on the part of the applicant. In these circumstances, a case for the release of the applicant on bail on the point of further inquiry is made.
6. Under the discussed circumstances, 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 the learned trial Court.
7. The instant bail application is disposed of accordingly.
JUDGE