IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Bail Application
No.S-519 of 2025
|
DATE
OF HEARING |
ORDER WITH
SIGNATURE OF JUDGE |
For hearing of post-arrest bail.
Date
of hearing 22.09.2025.
Mr. Javed
Hussain Lanjar, Advocate for applicant.
Syed
Sardar Ali Shah, Addl.P.G for State.
********
O R D E R
Final
Medico-legal Certificate has been brought-up accordingly show-cause have been
brought-up copy whereof provided to learned counsel for applicant. By way of the
bail application applicant nominated in Crime No.23/2025 Police Station
Pir-Jo-Goth who is said to have been implicated by way of further statement
seeks bail.
Learned counsel for the applicant contends that the applicant
was not nominated in the FIR which is reporting an incident of 27.02.2025
though alleged on 01.03.2025. He further contends that said further statement
was subsequently taken on 02.03.2025 wherein the name of the present applicant
has been brought-up alleging his presence. Learned counsel for applicant also
contends that the distance between Police Station and place of incident is reported
One Kilometer and the complainant being state official the delay is not found
in reasonable explanation. It is contended that the incident is night incident as
reported therein and no compliance to Section 103 Cr.P.C, has been made whereas
the applicant is under detention. He relied upon cases reported in 2020
SCMR 715 and 2020 SCMR 935.
Learned Additional Prosecutor General however, contends
that there is no bar in further recording of statement and wherein the present
applicant has been directly nominated. It is contended that the present
applicant is alleged to have been present in the incident duly armed and two
Police officer have been injured whereas the said injuries prohibit the
availability of room u/s 498 Cr.P.C as the same carry punishment of sever
nature.
Having heard the learned counsels and gone through the
record. I have specifically called upon to learned Additional Prosecutor
General as to any recovery made in the matter to which he was unable to show
anything available. The grounds as raised by the learned counsel for applicant alongwith
the failure of recovery to void a room further inquiry. Accordingly the bail
application stands allowed and the applicant namely, Amjad son of Abdul Rehman Lashari is
admitted to post-arrest bail in Crime No.23/2025 Police Station Pir-Jo-Goth u/s
324, 353, 397, 427 PPC subject to furnishing his solvent surety in the sum of
Rs.50,000/- to the satisfaction of learned trial Court.
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.