ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 103 of 2018.

Date of hearing

Order with signature of Judge

16.04.2018.

          Mr. Peerano Khan Jatoi, Advocate for applicant.

          Mr. Sharafuddin Kanhar, A.P.G.

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Amjad Ali Sahito, J:    Through this application, applicant Jewan son of Mazari Shar seeks his admission to post-arrest bail in Crime No.121/2008 registered with Police Station Kashmore, for offences punishable under Sections 302, 148 & 149 P.P.C.  Earlier, bail plea of the applicant was declined by learned 1^st Additional Sessions Judge, Kandhkot, vide Order dated 14.02.2018.

          The allegation against applicant is that at the time of  alleged incident he was accompanying co-accused Mitho Ghous Bux, Gulbahar, Ladho, Bux, Muhammad Nawaz, Ali Bux, Din Muhammad, Gulab, Bashir Ahmed, Noor Muhammad, Hasul, Laique, Nadeem and  Bashir; out of them co-accused Mitho, Ghous Bux, Gulbahar, Ladho, Bux, Muhammad Nawaz, Ali Bux, Din Muhammad, Gulab and Shabir Ahmed fired upon Noor Hassan, while accused Noor Muhammad, Hasul, Nadeem, Shabir and two unknown accused fired at Bashir Ahmed.  Per prosecution case, both the injured died away. The name of present applicant is not mentioned in the F.I.R.

          Learned counsel for the applicant mainly contended that the applicant is innocent and he has been implicated in this case due to previous enmity, that the F.I.R is delayed for more than a day; that name of applicant does not appear in the F.I.R, however his name was introduced in this case in statements of prosecution witnesses recorded under Section 161 Cr.P.C.; that co-accused Ayoub has been admitted to pre arrest bail by learned Sessions Judge, Kashmore @ Kandhkot vide Order dated 26.01.2018 and case of present applicant is on same footings. Lastly, learned counsel submitted that complainant Ghulam Rasool and P.Ws Karim Bux and Manzoor Ahmed have filed their affidavits extending no objection for grant of bail in favor of applicant.

          On other hand, learned A.P.G. did not controvert the submissions made by the learned counsel for applicant and recorded his no objection to grant of application.

          I have heard the learned counsel for the parties and gone through the available record.

          Perusal of F.I.R shows that, name of the applicant does not find place in the same. It is matter of record that co-accused Ayoub has been admitted to pre arrest bail by learned Sessions Judge, Kashmore @ Kandhkot vide Order dated 26.01.2018 and case of the applicant seems to be on same footings, therefore, the rule of consistency is applicable to the case of present applicant. Moreover, complainant and eyewitnesses of the case has filed their affidavits exonerating the present applicant from commission of alleged offence and conceding to grant of bail to applicant/ accused.

          In view of the above, the applicant/ accused has been able to make out a case for grant of bail in his favour. Consequently, the instant bail application stands allowed and applicant Jewan Shar is granted bail upon his furnishing solvent surety in the sum of Rs.300,000/- (Three hundred thousand rupees) and P.R bond in the like amount to the satisfaction of trial Court. 

                                                                JUDGE

Ansari/*