ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Bail
Application No.S-480 of 2021
Date |
Order with signature of Judge |
Applicant: Wazir Ali
Narejo, through
Mr.
Saeed Jamal Lund, Advocate
Complainant: Nemo
State: Through Syed Sardar
Ali Shah Rizvi,
Deputy
Prosecutor General
Date of
hearing: 27.09.2021
Dated of
order: 27.09.2021
O R D E R
Zulfiqar
Ali Sangi, J: Applicant/accused Wazir Ali son of Faiz
Muhammad Narejo, is seeking his post-arrest bail in
FIR No.47/2020, registered at Police Station Faiz Muhammad Narejo, District
Khairpr, under sections 302, 148, 149 and 109 PPC. Earlier his post-arrest bail
plea was declined by learned Additional Sessions Judge-I/(MCTC)
Khairpur, vide order dated 19.07.2021. Hence, he approached to this court for same
relief.
2.
Learned counsel for the applicant has contended that the name of applicant does
not transpire in the FIR but his name was subsequently given by the complainant
in his further statement which was recorded after seven months of the incident,
however, no role has been assigned to the applicant in the further
statement.
3. In
these circumstances, learned Deputy Prosecutor General, has conceded for grant
of bail and relied on 2021 SCMR 629.
4. I have heard learned counsel for the parties and perused the material
available on record with their able assistance.
5. Admittedly the applicant is not
nominated in the FIR and his name was given by the complainant in his further statement
which too was recorded after seven months of the incident, however no role has
been assigned to him in the further statement. Record further reflects that the
further statement of the complainant was also recorded after the case was
finally challaned which makes the case of present applicant one of further
enquiry, who is behind bars since 17.06.2021. Resultantly applicant is admitted
to post-arrest bail subject to his furnishing solvent surety in the sum of
Rs.50,000/- (rupees fifty thousand) and PR bond in the
like amount to the satisfaction of the trial court.
6.
The observations made hereinabove are tentative in nature and will not, in any
manner, influence the learned Trial Court at the time of final decision of the
subject case.
JUDGE
Suleman
Khan/PA