ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S-439 of 2022

For Hearing of bail application

16-01-2023.

Mr. Nawab Ali Pitafi, advocate for the applicant.

M/s Ubedullah Ghoto and Naeemuddin Chachar advocates for the complainant.

Mr. Shafi Muhammad Mahar, Deputy P.G the State.

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Irshad Ali Shah, J;- It is alleged that the applicant with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, not only committed murder of Satam Kumar by causing fire shot injures, but also caused fire shot injures to PW Harsh, with intention to commit his murder and then went away by making aerial firing to create harassment, for that the present case was registered.

2. The applicant on having been refused bail by learned trial Court; have sought for the same from this Court by way of instant Bail Application u/s 497 Cr.P.C.

3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant at subsequent stage of the investigation, otherwise his name was not disclosed in FIR, therefore he is entitled to be released on bail on point of further inquiry. In support of his contention, he has relied upon cases of Ahmad Ali Vs. The State and another (2021 SCMR 470).

4. Learned DPG for the State and learned counsel for the complainant have opposed to release of the applicant on bail by contending that his name was disclosed by the complainant by way of further statement and on arrest from him, has been recovered the crime weapon, which has been found matched with the empties, secured from the place of incident.

5. Heard arguments and perused the record.

6. The FIR of the incident has been lodged with the delay of about six days, yet it does not contain the name and description of the applicant, which was disclosed by the PWs in their 161 Cr.P.C statements, which were recorded with delay of about one day even to FIR, which appears to be significant, subsequently, it was disclosed by complainant Dileep Kumar by way of further statement, same could hardly be treated as part of FIR. Co-accused Baloch, Bashir Ahmed, Mir Muhammad, Shahamir, Muhammad Bachal and Sudheer have already been let of by the police, finding them to be innocent; case has finally been challaned and there is no apprehension of tempering with the evidence on part of applicant. In these circumstance; a case for release of the applicant on bail, on point of further inquiry obviously is made out, which could not be withheld only for the reason that on arrest from him, has been secured the crime weapon, which even otherwise is alleged to have been foisted upon him.

7. In view of above the applicant is admitted to bail subject to their furnishing solvent surety in sum of Rs.200,000/- (Two lac) and P.R bond in the like amount to the satisfaction of learned trial Court.

8. The instant bail application is disposed of accordingly.

Judge

Nasim/P.A