ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Bail Application No.S-101/2025

________________________________________________________

DATE               ORDER WITH SIGNATURE OF HON’BLE JUDGE_________

01. For orders on office objections “A”.

02. For hearing of bail application.

05-05-2025

                        Mr. Azhar Hussain Abbasi, Advocate for the applicant.

                        Mr. Ali Anwar Kandhro, Assistant Advocate General Sindh.

                                                               --------

1.                     Applicant seeks pre-arrest bail, which was declined by trial court vide order dated 10-12-2024.

2.                     The facts in brief of the case are that on 10-06-2024 at 06:30 p.m, accused everyone namely Ali Nawaz, Shahnawaz, Karim @ Walo, Yousif @ Josoo, Karimdad with K.Kovs raised hakals and fired from their weapons upon Muhammad Ismail @ Imdad on chest and other parts of the body upon Muhammad Ismail. The F.I.R. of the incident was lodged on 11-06-2024 at 2300 hours.

3.                     The applicant approached the court of learned District and Sessions Judge Shikarpur, wherein he was granted interim bail. During the pendency of bail, complainant and other eyewitnesses filed their affidavits giving no-objection to grant of bail to the extent of present applicant/accused. Learned trial court in para No.9 of impugned order dated 10-12-2024 observed that mere filing of affidavits by complainant and PWs was not sufficient ground to confirm the bail as the accused was specifically nominated in the F.I.R. with the role of causing injury over the elbow of deceased, therefore, he was not entitled for the concession of bail.

4.                     Complainant on court notices is present in court today and she confirms filing of affidavits raising no-objection for the confirmation of bail to the applicant/accused by herself and eyewitnesses Mst. Aysha and Mst. Patolan. Complainant states that she is the mother of deceased. She states that the deceased was survived by a widow and he was issueless. She further confirms that they will file appropriate application before the trial court if the terms and conditions of compromise are settled.

5.                     Though the accused is specifically nominated in the F.I.R. and he is alleged to have caused K.Kov injury over the elbow of the deceased, since the mother of the deceased who is one of the legal heirs has filed affidavit raising no-objection for the grant of bail as per her version that in future as a result of compromise there is a possibility of discharge of the accused in the case, therefore, no fruitful purpose will be served if the bail is declined and he taken into custody.

6.                     learned Additional prosecutor General has also conceded to grant of bail in the given circumstances.

7.                     Though grant of pre-arrest bail in a heinous offence like murder is an exception but once the legal heir who is the mother of the deceased so also complainant in the present case has raised no-objection so also other witnesses, therefore, there is likelihood of patch up between the parties and if bail is declined to accused, it may frustrate the possibility of compromise. In such a situation the applicant/accused has made out the case for grant of bail. Hence, the interim bail earlier granted to applicant/accused is confirmed on same terms and conditions. He is directed to attend the trial court and in case he misuses the concession of bail, the complainant would be at liberty to file an application before the trial court and the trial court may decide the same without making reference to this court. The application stands disposed of.

                        JUDGE

Asghar/P.A