ORDER SHEET

THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Crl.Misc.Appln.No.S-43 of 2018

Date	Order with signature of Judge

1. For orders on objection “A”

2. For hearing of case.

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26.10.2018

Mr. Noushad Ali Taggar, Advocate for the applicant

Mr. Ahsan Ahmed Qureshi, Advocate for private respondents

Mr. Raja Imtiaz Ali Solangi, A.P.G.

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                   The applicant/complainant by way of instant application      u/s. 497 (5) Cr.PC has sought for cancellation of bail which is granted to the private respondents by learned 2^nd Additional Sessions Judge, Larkana.

                   The facts in brief necessary for disposal of instant application are that the private respondents with rest of culprits, after having formed an unlawful assembly and in prosecution of their common object, caused fire shot injuries to PW Azam Khan, with intention to commit his murder and then went away by issuing threats of murder to applicant/complainant Waseem Hussain, for that the present case was registered.

                   It is contended by learned counsel for the applicant/complainant that the private respondents have actively participated in commission of the incident; as such they ought not to have been admitted to bail by learned trial Court, by contending so, he sought for cancellation of their bail.

                   Learned counsel for the private respondents and A.P.G for the State have sought for dismissal of the instant application by contending that the private respondents have been admitted to bail by learned trial Court for valid reasons. In support of their contentions, they have relied upon case of Muhammad Azhar Vs. Dilawar and others (2009 SCMR-1202).

                   I have considered the above arguments and perused the record.

                   The FIR of the incident has been lodged with unplausible delay of one day; such delay could not be lost sight of. The injuries sustained by the said injured as per opinion of the medical board are with possibility of fabrication and manipulation. It is true that the special medical board has come with different version but there could be made no denial to the fact that the different opinion rendered by different medical boards with regard to nature of injuries sustained by the said injured has made the case of the private respondents to be of further enquiry. The parties admittedly are disputed over plots. Co-accused Abdul Nabi alias Abdullah and Ali Bugti have already been let-off by the police finding them to be innocent. In these circumstances, it would be unjustified to cancel the bail which is granted to the private respondents by learned trial Court.

                   In view of above, the instant application is dismissed.

                                                        J U D G E

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