ORDER SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-379 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

24.02.2022

                        Mr. Safdar Ali Ghouri, Advocate for the applicant.

                        Mr. Habibullah Ghouri, Advocate for complainant

                        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, committed murder of Ubedullah by causing him lathi blow on his head and then went away by causing lathi blows to complainant Ghulam Ali, PWs Zafarullah and Rab Nawaz, for that the present case was registered. 

                        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 under section 497 Cr.PC.

                        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant in order to satisfy his dispute with him over landed property; the FIR of the incident has been lodged with delay of three days; 161 Cr.PC statements of PWs have also been recorded with delay of one day; therefore, the applicant is entitled for his release on bail on point of further inquiry.

                        Learned D.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 actively participated in commission of the incident by committing death of the deceased by causing him lathi blow.

                        I have considered the above arguments and perused the record.

                        The applicant is named in FIR with specific allegation that he with rest of the culprits went over to the complainant party and then committed murder of the deceased by causing him lathi blow on his head and then went away by causing lathi blows to the complainant and his witnesses as are named above. The specific role of committing death of the deceased by causing him lathi blow on his head is attributed to the applicant. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the complainant party. The dispute between the parties over the landed property may be there but it may not be a reason to involve the applicant in this case falsely at the cost of life of an innocent person. The delay in lodgment of the FIR and 161 Cr.PC statements of the PWs is explained plausibly, same occasioned for the reason that the deceased and injured witnesses in first instance were shifted to hospital by the complainant with object to save their lives. The delay in lodgment of FIR even otherwise could not be resolved by this Court at this stage. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he has been charged. Consequently, the instant criminal bail application is dismissed.             

      JUDGE