ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No.S- 61 of 2019

 

Date                                 Order with Signature of Hon’ble Judge

 

For hearing of bail application

 

29.03.2019

            Mr. Muhammad Ibrahim A. Memon Advocate for the Applicants

Mr. Shafi Muhammad Mahar, DPG for the State

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Irshad Ali Shah, J;- It is alleged that the applicants with rest of the culprits during course of robbery of motorcycle, mobile phone and cash committed murder of Muhammad Yousif by causing him fire shot injuries, for that the present case was registered.

2.                    The applicants on having been refused post-arrest bail by learned 4th Additional Sessions Judge Khairpur, have sought for the same from this Court by way of instant bail application u/s 497 Cr.P.C.

3.                    It is contended by learned counsel for the applicants that applicants being innocent have been involved in this case falsely by the complainant party, the FIR has been lodged with delay of three days, yet it is not containing the names and description of the applicants, they has been involved subsequently by the complainant Ahmed Ali by way of further statement, which is recorded with fourteen days delay even to FIR. By contending so, he sought for release of the applicants on bail, as according to him their case is calling for further enquiry.

4.                    Learned DPG for the State who is assisted by associate of learned counsel for the complainant has opposed to grant of bail to the applicants by contending that the applicants are vicariously liable for commission of the incident.

5.                    I have considered the above arguments and perused the record.

6.                    The names and descriptions of the applicants are not appearing in the FIR though it is lodged with delay of three days which appears to be somewhat significant. The applicants have been involved in commission of the incident on the basis of further statement of the complainant which has been lodged with unexplained delay of fourteen days even after FIR, such delay could not be overlooked. Further statement of the complainant even otherwise could hardly be treated as part of FIR. No identification parade of the applicants has been conducted even after their arrest. In that situation, it is rightly being contended by learned counsel for the applicants that the applicants are entitled to be released on bail on point of further inquiry.

7.                    Above are the reasons of short order dated 29.03.2019 whereby the applicants were admitted to bail subject to their furnishing solvent surety in the sum of Rs.2,00,000/- (Two lac) each and PR bond in the like amount to the satisfaction of learned trial Court.

 

Judge

 

 

ARBROHI