ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl.B.A.No. S - 205 of 2020

Date Order with Signature of Hon’ble Judge

For Hearing of bail application

22.06.2020

Ms. Amber Iqbal Advocate for the Applicant

Mr. Ubedullah Ghoto Advocate for the complainant

Mr. Shafi Muhammad Mahar, DPG for the State

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Irshad Ali Shah, J; It is alleged that the applicant with rest of the culprits in furtherance of their common object committed Qatl-e-amd of Pervez Ali by causing him fireshot injury, for that the present case was registered.

2. The applicant on having been refused post-arrest bail by learned 1^st Additional Sessions Judge (MCTC), Ghotki, has sought for the same from this Court by way of instant application u/s 497 Cr.P.C.

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 party in order to satisfy their previous dispute with him; the FIR has been lodged with delay of about one day; co-accused Abdul Jabbar has already been admitted to bail by this Court and role attributed to the applicant in commission of the incident ojnly to the extent of causing fireshot injury to the deceased on his right shoulder. By contending so, she sought for grant of bail to the applicant on point of further enquiry.

4. Learned DPG for the State and learned counsel for the complainant have opposed for grant of bail to the applicant by contending that he has actively participated in the commission of the incident by causing fireshot injury to the deceased, on his right shoulder.

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

6. The name of the applicant is appearing in FIR with specific allegation that he with rest of the culprits in furtherance of their common intention went over to the complainant party and then committed death of the deceased by causing him fireshot injuries. The specific role of causing fireshot injuries to the deceased on his right shoulder is attributed to the applicant, such injury together with other injury has been found sufficient to cause death of the deceased, therefore, it would be premature to say that the applicant being innocent has been involved in this case falsely by the complainant party. No doubt, the FIR has been lodged with delay of about one day, but such delay is explained in FIR itself. Delay in lodgment of FIR even otherwise could hardly be resolved by this Court at this stage. Co-accused Abdul Jabbar obviously was having different role. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged.

7. In view of the above, it could be concluded safely that no case for grant of bail to the applicant is made out. Consequently, the instant bail application is dismissed.

Judge

ARBROHI