ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-277 of 2021

Date	Order with signature of Judge

Applicants: Raham Ali Narejo, through

Mr. Manzoor Hussain Narejo,

Advocate

Complainant: Nemo

State: Through Syed Sardar Ali Shah Rizvi,

DPG

Date of hearing: 17.09.2021

Dated of order: 17.09.2021

O R D E R

Zulfiqar Ali Sangi, J: Through captioned bail application, Applicant/accused Raham Ali son of Rab Dino Narejo is seeking his pre-arrest bail in FIR No.22/2021, registered at Police Station Tando Masti District Khairpur, under sections 302 and 34 PPC. His earlier pre-arrest bail plea was declined by the learned Additional Sessions Judge-I, (MCTC), Khairpur, vide orders dated 24.04.2021. Now he approached this court for the same relief by filing present bail application.

2. It is alleged that accused Akram and Imam Dino along with an unidentified person have committed the murder of Mst.Roshan Khatoon d/o of complainant Mst. Shama Khatoon by strangulation, over matrimonial dispute.

3. Learned counsel for the applicant has contended that the name of the applicant has not transpired in the FIR and no specific role has been assigned to him; that the co-accused Akram had applied for pre-arrest bail and the present applicant has stood surety and furnish his affidavit on 24.02.2021 and on this grudge the complainant has involved the present applicant by recording her further statement on 03.03.2021; that the applicant was malafidely involved in the present case and he is entitled for confirmation of pre-arrest bail already granted to him.

4. Learned DPG has conceded for confirmation of bail on the ground that there appears malice on the part of complainant.

5. I have heard the learned counsel for the applicant, Learned DPG and perused the material available on record with their able assistance.

6. Admittedly name of the applicant does not transpire in the FIR however, subsequently complainant involved him in her further statement recorded on 03.03.2021. Record reflects that co-accused Akram was granted bail by the trial court and the present applicant stood surety for him and filed such affidavit dated 24.02.2021 i.e prior to recording of further statement of the complainant which shows the malafide of the complainant for falsely involving the applicant in the present case. No material is available on record which connects the applicant with the commission of offence. It is settled principle of law that bail applications are to be decided tentatively and deeper appreciation of evidence is not permissible.

7. From the tentative assessment of the material available on record, the applicant has made out the case for confirmation of his pre-arrest bail, therefore, the interim pre-arrest bail already granted to the applicant / accused by this court vide order dated 06.05.2021, is hereby confirmed on same terms and conditions.

8. Observations made herein above are tentative in nature and will not cause any prejudice to either party at the trial.

JUDGE

Suleman Khan/PA