ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.D-01 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

                                                                                     Mr. Justice Agha Faisal,

For hearing of bail application.

22.02.2022

                        Mr. Noorullah G.Rind, Advocate for the applicant.

Mr. Aitbar Ali Bullo, D.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, deterred the police party of P.S Warrah, led by ASI Ali Gul Brohi, from discharging its lawful duty as public servants by making fires at them and then went away by committing murder of PC Ghulam Ali Tunio by causing him fire shot injuries and then took away his official rifle, motorcycle and mobile phone with them, for that the present case was registered.

2.         The applicant on having been refused post arrest bail by learned             Judge, Anti Terrorism Court, 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 police by making foistation of crime weapon, otherwise, his name and description are neither appearing in the FIR nor in 161 Cr.PC statements of PWs, therefore, the applicant is entitled to be released on bail on point of further enquiry.

4.         Learned D.P.G for the State has opposed to grant of bail to the applicant by contending that on arrest from the applicant has been secured crime weapon which has been found matched with the empties.

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

6.         Admittedly, the name and description of the applicant are neither appearing in FIR, nor in 161 Cr.PC statements of PWs. There is no identification parade, in that situation, the involvement of the applicant on the basis of further statements and 164 Cr.PC statements of complainant and PWs, which have been recorded with considerable delay, is appearing to be somewhat surprising. The case has finally been challaned. There is no apprehension of tampering with evidence on part of the applicant. In these circumstances, the guilt of the applicant obviously is calling for further inquiry, entitling him to grant of bail, which could not be denied only on the basis of recovery of crime weapon, which is alleged to be foistation.

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 learned trial Court.

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

                                                                              JUDGE

                                                                      JUDGE