IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Bail. Appln. No.S-215 of 2025
|
DATE
OF HEARING |
ORDER WITH
SIGNATURE OF JUDGE. |
1.
For orders on O/objection at
flag-A.
2.
For hearing of pre-arrest bail.
Date
of hearing 04.11.2025.
Mr. Rukhsar
Ahmed Junejo, Advocate for applicants.
Syed Sardar
Ali Shah, Addl. Prosecutor General for State.
************
O R D E R
In this
bail application for applicant No.1 same was not pressed on 07.04.2025 and only
applicant No.2 his role it is alleged in the FIR that he alongwith another unknown
person caused injuries to the victim alongwith the main accused.
In
respect to the complainant repeatedly notices have been served however, he has
failed to respond and effect appearance today also report has been submitted
despite caution given on the earlier date an absence of the complainant is
there.
Learned counsel for the applicant contends that the
injuries attributed to the present applicant were reported to be on the legs
which are not found mentioned in the postmortem report. He further contends
that the injuries attributed to the other accused though mentioned therein the
absence provides the present applicant Syed Majid Ali Shah @ Majid Shah ground
for further inquiry. Learned counsel also contends that the FIR was lodged with
much delay and that the present applicant is not abuse the concession of bail.
Learned Additional Prosecutor General in the matter opposes
bail contending that direct allegations are present in respect to the present
applicant. Learned Addl.P.G states that the injuries are mentioned referred in
the danishnama however, concedes that they are not available in the postmortem
report.
Having heard the learned
counsels and gone through the record. Apparently, the major
injuries have been attributed to the co-accused. The injuries attributes to the
present applicant are though not mentioned in the postmortem allows the ground
of further inquiry available to the present applicant. Accordingly, the bail
application is allowed and the order dated 12.03.2025 except for above
stands confirmed on same terms and conditions.
Needless to mention here that observation as above are
tentative in nature and not meant to affect merits of the case before the
learned trial Court.
Bail
application stands disposed of in the above terms.
J U D G
E
Ihsan/PS.