ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-311 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

17.09.2020

Mr.Faiz Muhammad Larik, Advocate for the applicant     

Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, committed Qatl-e-Amd of Rashid Ali, by causing him fire shot injures, for that a case was registered against him. On arrest from the applicant was secured an unlicensed pistol of 30 bore allegedly used by him in commission of the incident, for that he was booked separately in the present case.

2.        The applicant on having been refused post-arrest bail by learned 5^th Additional Sessions Judge, Larkana, 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 at the instance of complainant party of main murder case by making foistation of pistol upon him, therefore, the applicant according to him is entitled to grant of bail on point of further inquiry.

4.        It is contended by learned D.P.G. for the State that the applicant has committed death of an innocent person by using an unlicensed pistol, which has been found matched with one of the empty secured from the place of incident. By contending so, he has sought for dismissal of the instant bail application.

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

6.        The applicant is named in the FIR with specific allegation that on arrest from him was secured an unlicensed pistol of 30 bore with which he allegedly committed death of Rashid Ali by causing him fire shot injury, the same on examination has been found similar with one of the empty secured from the place of incident. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the police by making foistation of such pistol upon him. There appear reasonable grounds to believe that the applicant is guilty of the offence for which he is charged.

7.                    Based upon above discussion, 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.

                               J U D G E