ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S- 253 of 2020

 

Date                         Order with Signature of Hon’ble Judge

 

For hearing of bail application

22.06.2020

            Ms. Amber Iqbal Advocate for the applicants

            Mr. Shafi Muhammad Mahar, DPG for the State

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Irshad Ali Shah-J:- It is alleged that applicants in furtherance of their common intention committed qatl-e-amd of Mst. Najia, for that the present case was registered.

2.       The applicants on having been refused post-arrest bail by learned 1st. Additional Sessions Judge (MCTC) Ghotki, have sought for the same from this Court by way of instant application under section 497 Cr.P.C.

3.       It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the police on the basis of 161 Cr.P.C statements of the P.Ws; there is no eye-witness to the incident, therefore, the applicants are entitled to be released on bail on the point of further inquiry.

4.       Learned D.P.G. for the State has opposed to grant of bail to the applicants by contending that they have committed death of an innocent lady in a very clandestine manner.

5.       Heard arguments and perused the record.

6.       No relative of the deceased has come forward to lodge FIR of the incident, which appears to be surprising. The instant FIR has been lodged by HC Zahid Hussain Malik on behalf of the State, he obviously is not the eye-witness of the incident; the FIR of the incident so lodged is not containing the names of the applicants those have been disclosed by the P.Ws subsequently they too are not the eye-witnesses of the incident. In these circumstances, the applicants are found entitled to be released on bail on point of further inquiry.

8.       In view of above, the applicants are admitted to bail subject to their furnishing solvent surety in the sum of Rs.200,000/-             (Rupees Two Lac) each and P.R bond in the like amount to the satisfaction of learned trial court.

9.       The instant bail application is disposed of accordingly.

 

       Judge

 

ARBROHI