ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-186 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

29.11.2021

                        Mr. Zafar Ali Malgani, Advocate for the applicant.

Mr. Habibullah Ghouri, Advocate for the complainant.

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

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of the culprits, caused hatchet blows to complainant Fazal Rehman and PW Shah Nawaz with intention to commit their murder. PW Shah Nawaz it is said subsequently died of such injuries, for that the present case was registered.

                        The applicant on having been refused post-arrest bail by learned 2^nd Additional Sessions Judge, Jacobabad, has sought for the same from this Court by way of instant bail 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 party; the FIR of the incident has been lodged with delay of about two days; the deceased as per death report issued by Hira Medical Centre, Sukkur, has died of Cardio Pulmonary arrest that too after one year of the incident; the applicant on due investigation was found to be innocent by the police, therefore, he is entitled to grant of post-arrest bail on point of further inquiry.

                        Learned Assistant 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 has actively participated in commission of the incident by causing hatchet blows to the deceased.

                        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. PW Shah Nawaz initially was discharged from the hospital with issuance of final medical certificate; his death after one year of the incident on account of injuries which he has already sustained during course of present incident is appearing to be significant. The applicant was placed in column of the charge sheet by the police by finding him to be innocent. The parties are already disputed over the landed property. The case has finally been challaned. There is no apprehension of tampering with evidence on the part of applicant. In these circumstances, the applicant is found entitled to grant of post-arrest bail on point of further inquiry.

                        In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.200,000/-and PR bond in the like amount to the satisfaction of learned trial Court.

                        The instant criminal bail application is disposed of accordingly.     

                                                                                                   J U D G E