ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-502 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. Ali Anwar Sahar, Advocate for the applicant.

Syed Lal Shah, Advocate for the complainant.

Mr. Abdul Ghaffar Kalhoro, 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, not only committed murder of Farman Ali but caused hatchet/lathi/danda blows to complainant Hussain Bux, PWs Ahsan Ali, Ayaz Ali and Nadar Ali, with intention to commit their murder too and then went away by insulting the complainant party, for that the present case was registered against him.

2.         The applicant on having been refused post arrest bail by learned             1^st Additional Sessions Judge/MCTC, Dadu, 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; the FIR of the incident has been lodged with delay of about one day and the role attributed to the applicant in commission of the incident is only to the extent of causing danda blow to PW Ayaz Ali, therefore, she being lady is entitled to be released on bail on point of further inquiry. In support of his contentions, he relied upon case of Mumtaz Hussain and 05 others Vs.        The State (PLJ 1999 SC-727).

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 she has actively participated in commission of the incident.

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

6.         The FIR of the incident has been lodged with delay of about one day and the role attributed to the applicant in commission of the incident is only to the extent that she caused danda blow to PW Ayaz Ali; such injury on medical opinion has been found to be bailable in its nature; therefore, the applicant being lady is found entitled to be released on bail on point of further inquiry.

7.         In view of above, the applicant is admitted to bail subject to her furnishing solvent surety in the sum Rs.100,000/- 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