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