ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-540 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

20.01.2022

                        Mr. Riaz Hussain Khoso, 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, by committing trespass into house of complainant Mst.Nazia, threatened her daughter Mst.Mah Bibi to be killed as “Kari’ and then went away by tearing complainant’s clothes, for that the present case was registered.

2.         The applicant on having been refused post arrest bail by learned             6^th Additional Sessions Judge, Larkana, 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 party in order to satisfy its matrimonial dispute and the FIR of the incident has been lodged with delay of more than twenty days. By contending so, she sought for release of the applicant on bail on point of further enquiry.

4.         None has put appearance to advance arguments on behalf of the complainant despite availing the time; however, learned Addl.P.G for the State has opposed to release of the applicant on bail by contending that the offence is affecting the society at large.

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

6.         The FIR of the incident and 161 Cr.PC statements of the PWs have been lodged/recorded with considerable delay and such delay having not been explained plausibly could not be overlooked. The parties being related inter-se are disputed over the matrimonial affairs. The case has finally been challaned and there is no apprehension of tampering with evidence on the part of the 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