ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-461 of 2021

Date	Order with signature of Judge

Applicants: Afzal and another, through

Mr. Manzoor Hussain Mahesar,

Advocate

Complainant: Nabi Bux, present in person

State: Through Shafi Muhammad Mahar,

Deputy Prosecutor General

Date of hearing: 04.03.2022

Dated of order: 04.03.2022

O R D E R

Zulfiqar Ali Sangi, J: Through this application, applicants/accused Afzal son of Ali Dino and Ali Dino son of Bakshan both by caste Khambro are seeking their pre-arrest bail in FIR No.60/2021, registered at Police Station Ahmedpur, District Khairpur, u/s 302, 201, 148 and 149 PPC. Their earlier pre-arrest bail plea was declined by the learned Additional Sessions Judge-I / (MCTC) Khairpur, vide order dated 17.07.2021.

2. Learned counsel for the applicants has contended that the role against applicant Afzal is of only presence, whereas role against applicant Ali Dino is of causing injury to the deceased. He next contended that DSP Ghulam Ali Jumani has conducted the investigation in which he exonerated the applicants from the commission of offence and has brought on record new set of accused, which makes the case of applicants one of further enquiry. He lastly prayed for confirmation of interim pre-arrest bail.

3. Learned DPG has opposed the grant of bail on the ground that the applicants are nominated in the FIR with specific role and as per postmortem report cause of death is injury which was allegedly caused by applicant Ali Dino.

4. Complainant Nabi Bux is present in person and has submitted that he has settled the dispute with the applicants and raised no objection for confirmation of their interim pre-arrest bail.

5. I have heard learned counsel for the applicants, learned DPG, complainant and perused the record.

6. Record reflects that the incident has taken place on 13.06.2021 and postmortem was conducted on 14.06.2021 but the FIR was lodged on 17.06.2021 with delay of five days which shows that the FIR was registered with consultation. Record further reveals that the case was further investigated by DSP Ghulam Ali Jumani who brought on record some other facts, which makes the case of applicants one of further enquiry.

7. The deeper appreciation of evidence is not permissible at the bail stage and the same is to be decided tentatively. From the tentative assessment of material available on record, the applicants have made out their case for confirmation of pre-arrest bail. Resultantly, instant bail application is allowed and interim pre-arrest bail earlier granted to the applicants vide order dated 29.07.2021, 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