IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail. Appln. No.S-418 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.

15.10.2025

Mr. Achar Khan Gabole, Advocate for applicants.

Mr. Arif Hussain Leghari, Advocate for complainant.

Mr. Mansoor Ahmed Shaikh, Deputy Prosecutor General for the State.

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O R D E R

The applicants in the matter require pre-arrest bail application in Crime No.41 of 2025 police Station, Setharja for offence u/s 302, 34 PPC wherein the applicant No.1 is the husband and other persons are the relatives of the applicant No.1.

According to the FIR the said persons are alleged to have committed the murder of the daughter of the complainant by strangulation and physical abuse.

Learned counsel for the applicants had primarily relied upon the Medico-legal Certificate alongwith the findings of the board in this regard wherein marks present in the neck and is opined by causing hanging. He has relied the version coming-up in the FIR and the fore given.

Learned counsel for complainant however, had not only filed statement bringing forward the following;

i) Provisional postmortem report of deceased;

ii) Picture of deceased after her murder.

iii) Interim challan.

iv) Law citations for dismissal of bail application.

v) Memo of Cr. Misc. Application of year 2017

vi) CTC of order by trial Court.

vii) Final postmortem report of deceased.

viii) Medical report issued by Medial board of GMMMC Sukkur.

ix) Orders copies of Cr. Misc. Application filed by accused against the complainant.

He contended that there was history of violence with the victim wherein earlier allegations are also present against all the applicants. Learned counsel for complainant has also brought-up photographs showing the victim and contended that all the persons involved in the heinous crime are not liable to be dealt by any leniency and bail is liable to be dismissed.

Learned Deputy Prosecutor General contends that the present applicants are involved in murder case therefore, they are not entitled for concession of bail, he however, opposed the bail application and pray for dismissal of the same.

Having heard the learned counsels and gone through the record. What is before this Court is an unnatural death and accusation against all the applicants made in the FIR wherein the version of the FIR provides room for further inquiry as to the guilt of the applicants No.2 to 4 however, as far as the applicant No.1 is concerned, the same is not the case especial on account of the broken wrist of the victim same provide room for the other applicants to that of further inquiry as their involvement may not be required for such an overt act on account of broken wrist. The same principle does not apply to the applicant No.1 as deceased was his wife and apparently in his care and custody and even in case of the death ultimately found out to be self inflicted the involvement and responsibility of applicant No.1 cannot be so conveniently ignored and in the said circumstances, the short order dated 14.10.2025 was passed whereby application against applicant No.1 Mehrab Ali is not entertained and interim pre-arrest bail already granted against him vide order dated 20.05.2025 is hereby recalled. However, the said order dated 20.05.2025 in respect of the applicants No.2 to 4 is hereby confirmed on same terms and conditions for these reasons.

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.