ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-459 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. Muhammad Ali Memon, Advocate for the complainant.

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, in furtherance of their common intention, committed murder of Parvez Ahmed, by causing him fire shot injuries, 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 name of applicant is not appearing in FIR though it is lodged with delay of about two days; it has not been disclosed subsequently by the complainant by way of further statement on the basis of deliberation and co-accused Zakariya alias Muhammad Zakariya and Noushad Ali have already been admitted to bail by learned trial Court; therefore, the applicant is entitled to be released on bail on point of further enquiry.

4.         Learned A.P.G. for the State and learned counsel for the complainant have opposed to release of the applicant on bail by contending that he has caused fire shot injury to the deceased and his case is distinguishable to that of co-accused Zakariya alias Muhammad Zakariya and Noushad Ali.

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

6.         The name and description of the applicant are not appearing in the FIR; those have been disclosed subsequently by the complainant by way of further statement with delay of about 17 days to the incident. The further statement of the complainant, if any, could hardly be treated as a part of FIR.  The identity of the applicant even otherwise, has been based under the light of torch and motorcycle, is appearing to be weak piece of evidence.         Co-accused Zakariya alias Muhammad Zakariya and Noushad Ali have already been admitted to 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