IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-122 of 2018

Applicant               :                Ali Bux son of Sabzal by caste Sabzoi

Through Mr.Saeed Ahmed Bijarani, Advocate

 State                             :                  Through Mr.Raja Imtiaz Ali Solangi, A.P.G.

Date of hearing   :                  05.11.2018

Date of order      :                  08.11.2018

O R D E R

IRSHAD ALI SHAH, J.- The facts in brief necessary for disposal of the instant bail application are that the applicant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, being armed with deadly weapons, after keeping complainant Allah Ditto and his witnesses under fear of death, committed Qatl-e-Amd of Ali Nawaz 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.                The applicant sought for his release on bail by filing such applications, those were dismissed by learned trial Court, and by this Court, with direction to learned trial Court to examine the material witnesses, within period of four months and thereafter the applicant was put at liberty to repeat the application for his release on bail. It was repeated but was dismissed by learned trial Court vide order dated 24.02.2018, and thereafter the applicant has sought for his release on bail from this Court by way of instant application u/s. 497 Cr.PC.

3.                It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant to settle with him his matrimonial dispute, the direction of this Court for examination of the material witnesses within four months has not been complied with by learned trial Court and co-accused Abdul Wahid has already been admitted to bail by this Court. By contending so, he sought for release of the applicant on bail on point of further enquiry and consistency.

4.                Learned A.P.G has opposed to grant of bail to the applicant by contending that he has actively participated in commission of the incident by committing death of the said deceased, the attendance of the complainant has been procured by learned trial Court and it is expected that his evidence would be recorded in near future. By contending so, he sought for dismissal of the instant application.

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

6.                The applicant has been named in FIR with specific role of committing death of deceased by causing him fire shot injuries and his case obviously is distinguishable to that of co-accused Abdul Wahid, who has already been admitted to bail by this Court. It is true that this Court while dismissing the earlier bail application of the applicant on merits has directed learned trial Court to examine the material witnesses within four months with liberty to the applicant to make fresh bail application thereafter. No doubt, the direction issued by this Court has not been complied with by learned trial Court but there could be made no denial to the fact that there was nothing in the direction issued by this Court that in case the material witnesses are not examined within specified period, then accused would be admitted to bail as matter of right. In these circumstances, it could be concluded safely that no case of grant of bail in favour of the applicant is made out. Consequently, the instant application is dismissed with direction to learned trial Court to conclude the trial within period of four months by putting up every possible efforts and then to furnish such report through Additional Registrar of this Court.

7.                Order accordingly

                                                                            J U D G E

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