IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Bail Appln. No. S-21 of 2025
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Applicant |
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Yaqoob s/o Qalib Ali Atturani Jatoi, |
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Through Mr. Atta Hussain Qadri, advocate |
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The State |
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Mr. Aitbar Ali Bullo, D.P.G for the State
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Complainant |
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Complainant Imtiaz Ali Narejo |
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(In person) |
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Date of hearing |
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16-04-2025 |
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Date of order |
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16-04-2025 |
O R D E R
AMJAD ALI SAHITO, J.- Through instant criminal bail application, applicant/accused Yaqub Jatoi seeks post-arrest bail in Crime No.01/2024, registered at P.S 20-Mile for the offence under Sections 460,302 P.P.C Prior to this, he filed such application but the same was turned down by the learned I-Sessions Judge, Shikarpur, vide order dated 30.09.2024, hence he has filed instant criminal bail application.
2. It is case of the prosecution that the applicant along with co-accused in the night time duly armed with Kalashnikovs and guns entered into the house of the complainant and on the torch light the complainant has identified the applicant/accused.
3. Learned counsel for the applicant submits that the applicant/accused is innocent and he has falsely been implicated in this case by the complainant; that all P.Ws are interested and related to the complainant; that mere presence of applicant/accused has been shown at the place of incident; that alleged murder taken place outside house of complainant; that applicant is below 18 years, therefore, he being juvenile offender is entitled for the post-arrest bail. Lastly he has prayed for grant of post-arrest bail to the applicant.
4. On the other hand learned D.P.G. and complainant present in person have vehemently opposed for grant of bail on the ground that the applicant is nominated in the F.I.R with specific role that he along with co-accused entered into the house complainant and the co-accused made firing upon uncle of the complainant, on which he became injured, therefore he is not entitled for concession of bail.
5. Heard and perused.
6. Admittedly the name of the applicant/accused transpired in the F.I.R with specific role that he along with co-accused in the night time duly armed with Kalashnikovs and guns entered into the house of the complainant and on the torch light the complainant has identified the applicant and other co-accused. Co-accused Nadim and Sadiq fired with K.K upon uncle of complainant Azizullah, which hit him, who died in the way to hospital. The conjoint role has been played by the applicant/accused in the alleged incident in which one person has lost his life during theft.
7. At bail stage only tentative assessment is to be made. Sufficient material is available on the record to connect the applicant with the commission of alleged offence. It appears that applicant has not made out his case for grant of post-arrest bail. The offence falls within the provisions of Subsection (2) of Section 497 Cr.P.C.
8. In view of above, it appears that learned counsel for the applicants/accused has failed to make out a case for grant of bail in view of subsection (2) of Section 497 Cr.P.C. Resultantly, instant criminal bail application is dismissed.
9. 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