ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.D-22 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

For hearing of bail application.

26.10.2021

                        Mr. Shahbaz Ali M.Brohi, Advocate for the applicants.

Mr. Habibullah Ghouri, Advocate for the complainant.

Mr. Abdul Ghaffar, Assistant Prosecutor General for the State.

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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, fired at complainant Muhammad Hanif and his witnesses, with intention to commit their murder and then went away by committing mischief by throwing the grenade bombs in their house, for that the present case was registered.

                        The applicants on having been refused post-arrest bail by learned Incharge Judge, Anti-Terrorism Court, Shikarpur, have 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 applicants that the applicants being innocent have been involved in this case falsely by the complainant only to settle his previous enmity with them; the FIR has been lodged with delay of about one day and the firing is ineffective one and             co-accused Salman Ali alias Suleman and Muhammad Arslan with similar role have already been let off by the police, therefore, the applicants are entitled to grant of post arrest bail, as their case is calling for 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 applicants by contending that they have committed the heinous offence only to compel the complainant to have compromise with them in murder case .

                        We have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about one day and such delay having not been explained plausibly could not be overlooked. None has sustained fire shot injury. The mischief, if any, is committed by          co-accused Rehan and Eid Muhammad allegedly by throwing grenade bombs at house of the complainant. Co-accused Salman Ali alias Suleman Khan and Arslan with utmost similar role have already been let off by the police. The case has finally been challaned. There is no apprehension of tampering with the evidence on the part of applicants. In these circumstances, the guilt of applicants obviously is calling for further inquiry, justifying admitting them to post-arrest bail.

                        In view of 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.

                        The instant bail application is disposed of accordingly.     

J U D G E

J U D G E