ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-393 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

24.09.2020.

Mr. Shah Jahan Mirani, Advocate for the applicants

Complainant Muhammad Ismail in person

Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicants with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, by committing trespass into house of complainant Muhammad Ismail, caused kicks, fists, lathi and fire shot injuries to PWs Mst.Shaheena, Majid Ali, Babu, Amjad, Fayaz Ahmed, Shafi Muhammad and Mehtab, with intention to commit their murder, for that the present case was registered.

2.        The applicants, on having been refused post-arrest bail by learned Sessions Judge, Kashmore @ Kandhkot, have sought for the same from this Court by way of instant bail application u/s.497 Cr.PC.

3.        It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the complainant party in order to satisfy their matrimonial dispute with them and the offence alleged against the applicants is not falling within the prohibitory clause. By contending so, he sought for post-arrest bail for the applicants 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 pre-arrest bail to the applicants by contending that the parties have settled their dispute outside the Court.

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

6.        The FIR of the incident has been lodged with delay of about  15 ½ hours while 161 Cr.PC statements of the PWs have recorded with delay of five days to the incident, such delay could not be overlooked. The parties are already disputed over the matrimonial affairs and they as per learned D.P.G for the State have settled their dispute outside the Court. In that situation, a case for grant of post-arrest bail to the applicants on point of further inquiry is made out.

7.                    In view of facts and reasons discussed above, the applicants are admitted to bail subject to their furnishing surety in sum of Rs.50,000/- each and P.R bond in the like amount to the satisfaction of learned trial Court.  

8.                    The instant bail application is disposed of accordingly.

                                                                   J U D G E