ORDER SHEET
IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Crl. Bail Application
No.S- 239 of 2020
Date Order with Signature of
Hon’ble Judge
For hearing of
bail application
22.06.2020
Haji Shamsuddin Rajper
Advocate for the Applicant
Mr. Shafi Muhammad Mahar,
DPG for the State
Complainant Muhammad Bux
Gopang present in person
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Irshad Ali Shah-J; It is alleged that Mst.
Maryam died of shock / sadness when applicant with rest of the culprits in
furtherance of their common intention allegedly trespassed into house of
complainant Muhammad Bux in order to settle their dispute with him over plot,
for that the present case was registered.
2. The applicant on having
been refused post-arrest bail by learned IV-Additional Sessions Judge, Khairpur,
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 police; Mst. Maryam has
died of her natural death and complainant Muhammad Bux Gopang now by filing his
affidavit has recorded his no objection to grant of bail to the applicant,
therefore, the applicant according to him is entitled to grant of post-arrest
bail on point of further inquiry.
4. Learned D.P.G. for the State who is
assisted by the complainant has recorded no objection to grant of bail to the
applicant.
5. I have heard learned counsel for the
parties and perused the record.
6. The FIR has been lodged
with delay of about 10 hours, such delay could not be lost sight of; no injury
was sustained by the deceased and her death on account of shock and sadness is
appearing to be surprising; parties are already disputed over plot and learned DPG
the State too has recorded no objection to grant of bail to the applicant. In
these circumstances, it is rightly being contended by learned counsel for the applicant
that the applicant is entitled to grant of bail on point of further inquiry.
7. In view of above,
the applicants are admitted to bail subject to his furnishing solvent surety in
the sum of Rs.100,000/-
(Rupees One Lac) and P.R bond in the like amount to the satisfaction of
learned trial court.
8. The instant bail
application is disposed of accordingly.
Judge
ARBROHI