ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-10 of 2022.

_____________________________________________________________

DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

______________________________________________________________

 

For hearing of bail application.

 

17.01.2022

 

                        Mr. Shahbaz Ali Brohi, Advocate for the applicant.

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

 

                        =  *  = * = * = * = * =

IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of the culprits, made preparation for committing dacoity and then deterred the police party of P.S Napar Kot, from discharging their lawful duty as public servants by making fire at them with intention to commit their murder, for that the present case was registered against him.

2.         The applicant on having been refused post arrest bail by learned             Sessions Judge, Shikarpur, 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 police; the firing was ineffective one and there is no independent witness to the incident. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.         Learned A.P.G. for the State has opposed to release of the applicant on bail by contending that on arrest from the applicant has been secured an unlicensed SBBL Gun of 12 bore, which he allegedly used in commission of above incident .

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

6.         None has been robbed. The firing has proved to be ineffective in all respect. There is no independent witness to the incident. The case has finally been challaned. There is no apprehension of tampering with evidence on the part of applicant. In these circumstances, a case for release of the applicant on bail on point of further enquiry is made out.

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

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

                                                                             JUDGE