IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No.S-619 of 2025

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

For hearing of pre-arrest bail.

Date of hearing 20.11.2025.

M/s Illahi Bux Jamali and Ghulam shabir Bhutto, Advocate(s) for applicants/accused.

Mr. Aftab Ahmed Shar, Addl.P.G for State.

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O R D E R

Present applicants have been nominated in the FIR bearing Crime No.15 of 25 u/s 302, 311, 34 PPC Police Station, Khanpur Mahar district Ghotki wherein the victim is said to be caused with allegation of Kari and the present applicants are said to have accompanied the main accused and present at the spot and the FIR lodged by the officials of the concerned Police Station.

Learned counsel for the applicants contended that no specific role of the applicants is present. That the present applicants are alleged to have been carrying lathies to which no injuries have been attributed and found present on record. That 08 hours delay is present in lodging of the FIR. It is lastly contended that details of spy information and knowledge of the name of the accused have not been brought-up.

Learned Additional Prosecutor General however, contended that one of the accused was arrested at the spot who had provided the details. It is also contended that the victim was a handicap girl. It is also contended that no malafides has been brought-up to entertain the concession of bail before arrest and that no report of the murder was made by the present applicants who required to bury the victim and that in such case State has to intervene on account of the circumstances as complainant are unable to pursue the matter and common object is available against the applicants.

Having heard the counsels and gone through the record. Learned counsels for the applicants after hearing was provided an opportunity to get his bail application not pressed and seek orders on the available grounds before the learned trial Court on surrender as malafides were not available to be found present on account of the FIR having been lodged by the concerned Police wherein no allegations are brought-up against the official. Apparently, an innocent victim who was handicap has been murdered and the present applicants are reported to be present at the site in support of the main accused. As to their participation same can be questioned however, question is liable to be answered and concluded after evidence and in the said circumstances where no malafides have been shown the entertainment of bail before arrest was not found available and accordingly bail application stands dismissed and the order dated 23.07.2025 stands withdrawn/recalled.

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 applications stands disposed of in the above terms.

J U D G E

Ihsan/PS.