ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-192 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

17.01.2022

                        Mr. Shahbaz Ali Brohi, Advocate for the applicant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of the culprits, in furtherance of their common intention, committed murder of Mansoor and Mst.Iqbal Khatoon, after declaring them to be “Karo-Kari”, for that the present case was registered.

2.         The applicant on having been refused post arrest bail by learned             1^st Additional Sessions Judge/MCTC, 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; none actually has seen the applicant committing death of any of said deceased; Mst.Suhailan Khatoon who happened to be mother of Mst.Iqbal Khatoon @ Tandani has recorded no objection to grant of post-arrest bail to the applicant by filing her affidavit and co-accused Ahsan has already been admitted to pre-arrest bail by learned trial Court; therefore, the applicant is entitled to be released on bail on point of further enquiry and consistency.

4.         Learned A.P.G. for the State has opposed to release of the applicant on bail by contending that he has actively participated in commission of the incident.

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

6.         No relative of any of the deceased has come forward to lodge FIR of the incident in person, which appears to be surprising. Complainant ASI Hidayatullah has not seen the actual death of any of the deceased at the hands of applicant. Mst.Suhailan Khatoon, who happened to be mother of Mst.Iqbal Khatoon @ Tandani, has recorded no objection to grant of bail to the applicant by filing her affidavit. Co-accused Ahsan has already been admitted to pre-arrest bail by learned trial Court. The case has finally been challaned and there is no apprehension of tampering with the 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.200,000/- 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