ORDER SHEET
IN THE HIGH COURT OF SINDH,
BENCH AT SUKKUR
Cr. Bail Application No. S – 519 of 2019
Date Order
with Signature of Hon’ble Judge
For hearing of bail application
08-04-2019.
Mr. Noor Muhammad Soomro, advocate for the applicant.
Mr.
Abdul Rehman Kolachi, D.
P.G for the State
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Irshad Ali Shah, J;- It is
alleged that the present applicant with rest of culprits after having formed
unlawful assembly and in prosecution of common object have committed and Qatl-e-amd of Muhammad Sachal by causing him fire shot injuries and then went away
by making aerial firing to create harassment for that the present case was
registered.
2. On having been refused pre-arrest
bail by learned 4th Additional Sessions Judge Khairpur,
the applicant has sought for the same from this Court by way of instant
application u/s 498-A Cr.P.C.
3. It is contended by learned
counsel for the applicant that the
applicant being innocent has been involved in this case falsely by the police; there
is delay of about 2 days in lodgment of FIR; co-accused Amir Bux has already been admitted to bail while co-accused Inayatullah has already be released by the police finding
him to be innocent. By contending so, he
sought for grant of pre-arrest bail for the applicant as he is apprehending
unjustified arrest at the hands of police.
4. Learned DPG for the State
has opposed to grant of bail to the applicant by contending that he is named in
FIR with specific allegation of causing fire shot injuries to the deceased.
5. I have considered the above
arguments and perused the record.
6. No relative of the deceased
come forward to lodge report of the incident, which appears to be strange. The
FIR of the incident has been lodged by ASI Muhammad Ameer
on behalf of the State with delay of two days to the incident,
such delay could not be over looked as it reflects consultation. The identity
of the applicant is based under the light of police mobile, which appears to
weak piece of evidence. Co-accused Inayatullah has
already been let of by the police on investigation, which falsify the
complainant in his FIR with regard to his availability at the place of incident.
In these circumstances, it is rightly being contended by learned counsel for
the applicant that applicant is entitled to grant of pre arrest bail as he is
apprehending his unjustified arrest.
7. In view of above, the
interim pre-arrest bail already granted to the applicant is confirmed on same
terms and conditions.
8. Instant Criminal Bail
Application is disposed of in above terms.
Judge
ARBROHI