ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr.Bail.Appl.No.S- 1140 of 2014

Cr.Bail.Appl.No.S- 1181 of 2014

DATE ORDER WITH SIGNATURE OF JUDGE

02.01.2015.

Mr. Naseer Ahmed Samoo, Advocate for applicants.

Mr. Shahid Shaikh, A.P.G. for the State.

URT OF SINDH, CIRCUIT COURT, HYDERABAD.

SALAHUDDIN PANHWAR, J: Through captioned applications, applicants seek post arrest bail in Crime No.08/2014 u/s 302, 109, 34 PPC P.S. Chalgri.

2. Precisely, it is alleged that accused Ashraf Brohi and Khadim Brohi caused kicks blows over the chest and groin area of Muhammad Bux. Complainant and witnesses tried to rescue deceased Muhammad Bux; accused escaped away towards their houses. The brother of complainant due to sustaining hidden injuries expired. Complainant through phone call informed to Zamindar Muhammad Yousif Abrejo who also reached there. After completing necessary formalities, complainant lodged such FIR.

3. Learned counsel for applicants inter alia contends that applicants have been falsely implicated in the case in hand by police; FIR is delayed by one day without any plausible explanation; the applicants and complainant party due to intervention of their Nekmards have settled their dispute out of the Court and in this respect they have also sworn their affidavits which are available in the file and they have no objection if bail is granted to them; as well they have filed compromise application before trial court.

4. On the other hand, learned A.P.G. appearing for the State extended his no objection for grant of bail.

5. I have heard learned counsel for applicants, learned A.P.G. for the State and gone through the material available on record.

6. It appears from the record that there are general allegations against the applicant / accused for causing kicks to the deceased which, per claim of prosecution, resulted into death of the deceased. The motive for the incident also appears to be one which resulted into sudden flare-up. Suffice to say that whenever incident is without a motive and result of some sudden flare-up then general allegation (s) against the accused persons would make the case as one of further enquiry within meaning of Section 497(ii) Cr.P.C. The record further speaks that the complainant party has filed their affidavit (s) whereby extending no objection for release of the applicants / accused on bail. Albeit, such affidavit (s) shall not always make a case for release of bail but where the offence is compoundable and the parties (legally entitled to compound) have resorted to proper course i.e filing of the compromise application (s) then keeping the accused behind the bars shall not be within Safe Criminal Administration of Justice.

7. In view of above discussion, applicants are entitled for bail. Accordingly, through short order dated 02.01.2015 the applicants / accused were ordered to be released on bail subject to their furnishing solvent surety in the sum of Rs.200,000/- (Two lac) each and P.R. Bonds in the like amount to the satisfaction of trial Court. These are the reasons.

JUDGE

Tufail