ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No.S- 38 of 2019

Date Order with Signature of Hon’ble Judge

For hearing of bail application

29.03.2019

Mr. Ali Raza Baloch Advocate for the Applicant

Mr. Shafi Muhammad Mahar, DPG for the State

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Irshad Ali Shah, J;- It is alleged that the applicant 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 applicant on having been refused post-arrest bail by learned 4^th Additional Sessions Judge Khairpur, has 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 applicant that applicant being innocent has 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 name and description of the applicant, he 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 applicant on bail, as according to him his 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 applicant by contending that the applicant is vicariously liable for commission of the incident.

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

6. The name and description of the applicant are not appearing in the FIR though it is lodged with delay of three days which appears to be somewhat significant. The applicant has 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 applicant has been conducted even after his arrest. In that situation, it is rightly being contended by learned counsel for the applicant that the applicant is 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 applicant was admitted to bail subject to his furnishing solvent surety in the sum of Rs.2,00,000/- (Two lac) and PR bond in the like amount to the satisfaction of learned trial Court.

Judge

ARBROHI