ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S-408 of 2022

 

For Hearing of bail application

16-01-2023.

M/s Abdul Razzaque Mahar and Sudham Chand @ Sudhamo Kewal advocates for the applicants.

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 applicants with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, not only committed murder of Ali Muhammad by causing him fire shot injures with lathi (Cot arm), but also caused lathi injures to PW Nawab Ali and Amanullah, with intention to commit his murder and then went away by insulting complainant Hazoor Bux, for that the present case was registered.

2. The applicants 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 applicants that the applicants being innocent have been involved in this case falsely by the complainant in order to satisfy his grudge with them over kid fight; the FIR of the incident has been lodged with delay of about 12 hours and role attributed to the applicants in commission of incident is only to the extent of causing of bailable injuries to PWs Nawab Ali and Amanullah, therefore they are entitled to be released on bail on point of further inquiry. In support of their contention, they have relied upon case of Ayaz Ali Vs The State (2021 MLD 669).

4. Learned DPG for the State and learned counsel for the complainant have opposed to release of the applicants on bail by contending that they have actively participated in commission of incident by causing lathi blows to above named witnesses and on arrest from them, have also been secured those lathis.

5. Heard arguments and perused the record.

6. Initially the incident was recorded by the police in Roznamcha under entry No. 9, it does not contain the names of the applicants, subsequently, and the FIR of the incident was lodged by the complainant, implicating the applicants in commission of the incident. It was lodged with the delay of about 12 hours; such delay could not be overlooked; the role attributed to the applicants in commission of incident even otherwise is only to the extent of causing lathi blows to PWs Nawab Ali and Amanullah, those injuries on medical examination have been opined to be bailable in nature; parties are already disputed; case has finally been challaned and there is no apprehension of tempering with the evidence on part of applicants. In these circumstance; a case for release of the applicants on bail, on point of further inquiry obviously is made out, which could not be withheld only for the reason that on arrest from them, have been secured the lathis, which they allegedly used in commission of incident, those even otherwise are 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 sum of Rs.200,000/- (Two lac) each 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