ORDER SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-589 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

13.01.2022

                        Mr. Ahmed Bux Abro, Advocate for the applicant.

Mr. Abdul Ghaffar, A.P.G for the State.

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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, caused lathi blows to PW Dil Murad with intention to commit his murder, for that the present case was registered.

2.         The applicant on having been refused post arrest bail by learned            2^nd Additional Sessions Judge, Qamber, has sought for the same from this Court by way of instant application u/s.497 Cr.PC.

3.         It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant in order to satisfy his dispute with him over the landed property; the FIR of    the incident has been lodged with delay of more than one month and         co-accused Ahmed with similar role has already been let off by the police; therefore, the applicant is entitled to his release on bail on point of further enquiry. In support of his contention, he has relied upon case of Muhammad Ramzan Vs. The State (2008 SCMR-249).

4.         Learned A.P.G for the State has opposed to grant of bail to the applicant by contending that he has actively participated in commission of the incident by causing lathi blow to PW Dil Murad on his right leg.

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

6.         The FIR of the incident has been lodged with delay of more than one month; such delay having not been explained plausibly could not be overlooked. The injury sustained by PW Dil Murad on his right leg which is attributed to the applicant is not falling within prohibitory clause of Section 497 Cr.PC. Whether, the lathi injuries to the said injured were caused to him with intention to commit his murder? It requires determination at trial.       Co-accused Ahmed with similar role has already been let off by the police. The parties are already disputed over the landed property. The case has finally been challaned and there is no apprehension of tampering with evidence on the part of applicant. In these circumstances, a case for release of applicant on bail on point of further enquiry obviously is made out.

7.         In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in the sum Rs.100,000/- and PR bond in the like amount, to the satisfaction of learned trial Court.

8.         The instant criminal bail application is disposed of accordingly.

                                                                             JUDGE