ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No.S- 215 of 2018

For hearing of bail application

22.04.2019

Mr. Aijaz Ahmed Naich Advocate for the Applicants

Syed Sardar Ali Shah Rizvi, DPG for the State

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Irshad Ali Shah, J;- It is alleged that the applicants with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object abducted complainant Talib Hussain and his witnesses and then committed murder of Ashraf Ali by causing him fire shot injuries and then went away by making fires at complainant and his witnesses with intention to commit their murders and making aerial firing to create harassment, for that the present case was registered.

2. The applicants on having been refused post-arrest bail by learned Additional Sessions Judge Ubauro sought for the same from this Court by of instant 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 without lawful justification, there is delay of about fifteen hours in lodgment of FIR, co-accused Mazari and Abdul Majeed with similar role have already been let off by the police and complainant and his witnesses are related inter se. By contending so, he sought for release of the applicants on bail on point of further inquiry.

4. Learned DPG for the State has sought for dismissal of the instant bail application by contending that they have actively participated in commission of incident and on arrest from them have been secured crime weapons.

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

6. The names of the applicants are appearing in the FIR with specific allegation that they with rest of the culprits after having formed an unlawful assembly and in prosecution of their common objected abducted complainant and the deceased and then fired and killed the deceased. The specific role of making fires at the deceased with Kalashnikov and pistol is attributed to the applicants. In that situation, it would be premature to say that the applicants being innocent have been involved in this case by the complainant. There hardly appears to be delay in lodgment of FIR. If for the sake of arguments, it is believed that it is so, even then the same could not be resolved in favour of the applicants by this Court at this stage. It is true that co-accused Mazari and Abdul Majeed have been let off by the police finding them to be innocent, but there could be made no denial to the fact that they have been joined in trial by learned trial Magistrate. The complainant and P.Ws may be related inter se, but their relationship is not enough to disbelieve them at this stage. There appear reasonable grounds to believe that the applicants are guilty of the offence for which they have been charged. No case for grant of bail to the applicants is made out. Consequently, instant bail application is dismissed.

Judge

ARBROHI