ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No. S – 80 of 2019

Date Order with Signature of Hon’ble Judge

For hearing of bail application

1. For orders on office objection at flag ‘A’

2. For hearing of bail application

03-05-2019

Mr. Muhammad Azeem Narejo advocate for applicant.

Syed Sardar Ali Shah, DPG for the State

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Irshad Ali Shah, J; It is alleged that the applicant and rest of the culprit in furtherance of their common intention committed murder of Mst. Irshad Khatoon by causing her fire shot injuries for that he was booked and reported upon.

2. The applicant on having been refused bail by learned IInd 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 the delay of one day; name of the applicant is not appearing in the FIR and it is disclosed subsequently by the complainant by way of further statement after due consultation. By contending so, he sought for release of applicant on bail on point of further inquiry. In support of his contention he relied upon case of ABID ALI @ ALI Vs. THE STATE ( 2011 SCMR 161).

4. Learned DPG for the State has recorded no objection to grant of bail to the applicant by stating that his name is not appearing in first information report.

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

6. Admittedly the name and description of the applicant are not appearing in first information report, which appears to be significant, it is disclosed subsequently by the complainant by way of further statement, the further statement could hardly be treated as part of FIR, the incident has taken place at night time. No identification parade of the applicant has been conducted. In these circumstances, the applicant is found to be entitled to grant of bail on point of further inquiry.

7. In view of above, while relying upon the case law which is reported upon by learned counsel, the applicant is admitted to bail subject to furnishing solvent surety in the sum of Rs. 200,000/- and P.R bond in the like amount to the satisfaction of learned trail Court.

8. Instant Cr. Bail Application is disposed of in above terms.

Judge

ARBROHI