ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-174 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

20.10.2021

                        Mr. Rashid Ali Ujjan, Advocate for the applicant.

Mr. Irfan Badar Abbasi, Advocate for the complainant.

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of the culprits by committing trespass into house of complainant Bahadur, attempted to commit theft of his cattle, and on resistance caused him butt blows, for that the present case was registered.

                        The applicant on having been refused post-arrest bail by learned 1^st Additional Sessions Judge, Jacobabad, has sought for the same from this Court by way of instant application under section 497 Cr.PC.

                        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant; the FIR of the incident has been lodged with delay of about two days and applicant is in custody for more than one year, therefore, he is entitled to grant of post-arrest bail on point of further inquiry.

                        Learned Additional Prosecutor General for the State and learned counsel for the complainant have opposed to grant of post-arrest bail to the applicant by contending that he is vicariously liable for commission of the incident.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about two days and such delay having not been explained plausibly could not be overlooked. The identity of the applicant under the light of bulb is appearing to be weak piece of evidence. Nothing has been stolen. There is general allegation for causing butt blows to the complainant. The applicant is said to be in custody for more than one year without effective progress in his trial. In these circumstances, the applicant is found entitled to grant of post-arrest bail as his case is calling for further inquiry.

                        In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/-and PR bond in the like amount to the satisfaction of learned trial Court.

                        The instant application is disposed of accordingly.     

                                                                                         J U D G E