ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No.  S-  499 of 2012.

Date of hearing

Order with signature of Judge

07.03.2013.

1. For orders on office objection.

2. For hearing.

Mr. Nisar Ahmed G. Abro, Advocate for applicant.

Mr. Faiz Muhammad M. Larik, Advocate for complainant.

Miss. Shazia, State Counsel.

~~~~

Ahmed Ali M. Sheikh, J:   The applicant is booked in Crime No.51/2012, of P.S Civil Line, Jacobabad, registered under Sections 302, 34 P.P.C. in respect of alleged murder of Mst. Asia.

2.         It is inter alia contended that the applicant is innocent and has nothing to do with this offence. Per learned counsel the applicant had never caused any injury to the deceased nor she was murdered. In-fact, she had committed suicide.

3.         On the other hand learned State Counsel assisted by Mr. Faiz Mohammad Larik Advocate for complainant, contended that medical evidence corroborates contents of the F.I.R. Besides above, it was the applicant who identified the body of deceased Mst. Asia.

4.         Heard and perused the record. Apparently, deceased Mst. Asia lost her live in the house of the applicant and postmortem report corroborates the version put forward by the complainant in the F.I.R; so for the plea of suicide is concerned, the learned counsel for the applicant could not place on record any document to show that after such unhappy episode the applicant ever tried to lodge report with concerned Police Station or Court etc. therefore, at this stage such argument has no force. Since the applicant and complainant were inimical to each other over matrimonial affairs as alleged in the F.I.R and he remained mum and did not report the matter to the concerned Police Station with regard to unnatural death of his wife; in view of above, I do not find any substance in the instant bail application. Besides above, the applicant has been charged for an offence which is punishable upto death and there are no reasonable grounds to believe that case of applicant fall within the ambit of Subsection (2) of Section 497 Cr.P.C., therefore, instant application is dismissed. However, the applicant is at liberty to repeat bail application after the evidence of doctor who conducted postmortem of the deceased is recorded. The observations made hereinabove are tentative in nature and will not prejudice case of either party.

Judge