ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-27 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

28.02.2022

                        Mr. Ghulam Mustafa R. Junejo, Advocate for applicants.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicants with rest of the culprits, deterred the police party of P.S Chakk, led by ASI Zulfiqar Ali from discharging its lawful duty as public servants by making fires at them with intention to commit their murder and on arrest from them have been secured unlicensed weapons, for that the present case was registered.

2.         The applicants on having been refused post arrest bail by learned             Sessions Judge, Shikarpur, have 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 applicants that the applicants being innocent have been involved in this case falsely by the police by making foistation of unlicensed weapons upon them and the firing is ineffective one; therefore, the applicants are entitled to their release on bail on point of further inquiry.

4.         Learned Addl.P.G for the State has opposed to release of the applicants on bail by contending that the offence which they have committed is affecting the society at large.

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

6.         There is no independent witness to the incident and the fires allegedly made at the complainant and his witnesses with intention to commit their murder by the applicants proved to be ineffective, which appears to be surprising. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicants. In these circumstances, the guilt of the applicants is calling for further inquiry; therefore, they could not be denied the concession of bail only on the basis of recovery of unlicensed weapons, when it is alleged to have been foisted upon them.

7.         In view of above, the applicants are admitted to bail subject to their furnishing solvent surety in the sum Rs.50,000/- each 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