IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail. Appln. No.S-669 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.

03.11.2025

M/s Shewak Ram Valecha and Israr Ahmed Shah, Advocate for applicant.

Mr. Ghulam Ali Bozdar, Advocate for complainant.

Syed Sardar Ali Shah, Addl. Prosecutor General for the State.

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O R D E R

By way of this pre-arrest bail applications applicants Mour and Abdul Ghaffat seek bail in Crime No.47 of 2024 police Station, Dubar u/s 302, 457, 337H(2), 506/2, 148, 149, 114 PPC wherein the applicant No.1 is alleged to have instigated the offence causing the death of a person whereas the applicant No.2 presence is also specified.

On the last date of hearing learned counsel for the applicants was called upon to ensure that the order passed by the learned Magistrate as to the present two applicants whereby despite placing them in column No.2 they were included in the trial be brought-up the same has been submitted according to which the I.O, has put them in column No.2 on account of CDR report for non-presence at the spot at the relevant time.

Learned counsel for the complainant however, contends that specific role has been assigned to the two applicants in the case wherein Ten empties were recovered, medical evidence is supportive to the narration in the FIR and the PWs have supported the version whereas from the incident to the bail application eight months delay is present.

Learned Additional Prosecutor General also opposes the bail on the ground that alibi is yet to be determined and mere presence at the spot of applicant No.2 for instigation is reported whereas the applicant No.2 has been assigned the role of a supporter. He further contends that alibi is yet to be proved.

Having heard the counsels and gone through the record. Apparently, a gruesome action of murder of a person has been taken place, however, the major active role is assigned to the other accused a tentative assessment is required by the Courts at the stage of bail. The I.O, had submitted the report as referred above whereas the Magistrate has already included the present two applicants in the trial. No element has been shown whereby the matter of further inquiry may not be available to the present applicants or otherwise the concession of bail may not be awarded. Accordingly, the bail application is allowed and the order dated 06.08.2025 is hereby 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.