ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No. S – 174 of 2019

Date Order with Signature of Hon’ble Judge

For orders on office objection

For hearing of bail application

13-05-2019

Miss. Ambar Iqbal advocate for applicant.

Mr. Naizr Ahmed Junejo Advocate for complainant

Mr. Shafi Muhammad Mahar DPG

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Irshad Ali Shah, J; It is alleged that the applicant with rest of the culprits in furtherance of their common intention committed death of Ali Sher by causing him fire shot injuries for that the present case was registered.

2. The applicant on having been refused bail by learned IV-Additional Sessions Judge Khairpur has sought for the same from this Court by way of instant application under section 497 Cr.PC.

3. It is contended by learned counsel for the applicant that the application being innocent has been involved in this case falsely by the complainant and he has already been acquitted by way of compromise in case outcome of FIR No.143/2017 u/s 302 PPC of PS Gambat by learned Additional Sessions Judge Gambat, the FIR of the instant case has been lodged by the complainant malafidely and none could be punished twicely for the same offence. By contending so, she sought for release of the applicant on bail on point of further inquiry.

4. Learned DPG for the State and learned counsel for the complainant have sought for dismissal of instant bail application by contending that the applicant has committed death of his own father.

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

6. There is no denial to the fact that FIR No.143/2017 u/s 302 PPC was lodged by Gul Muhammad, the father of deceased Ali Sher with PS Gambat and the applicant in that case has already been acquitted by learned Additional Sessions Judge Gambat by way of compromise. The FIR of the present case has been lodged with delay of about five months, such delay could not be lost sight of, the very case on investigation was found to be false and recommended by police to be disposed of under “C” class. None is to be tried twicely for the same offence. The applicant is said to be son of the deceased as such he could not be made liable to Qisas as is prescribed by section 306 PPC. In these circumstances it could be concluded safely that the guilt of the applicant is calling for further inquiry.

7. In view of the above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.200,000/-with PR bond in the like amount to the satisfaction of learned trial court.

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

Judge

Rafi