ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S-342 of 2022

For Hearing of Bail Application

23-01-2023.

Mr. Ali Ahmed Khan, Advocate for applicants.

Mr. Sohail Ahmed Khoso, Advocate for complainant.

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

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Irshad Ali Shah, J;- It is alleged that the applicants with rest of the culprits in furtherance of their common object committed murder of Akber Ali by causing him hatchet blows, 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 Crl. 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; they once were declared to be innocent even by the police and co-accused Babu and Raza Muhammad with similar role have already been admitted to bail by learned trial Court. By contending so, he sought for release of the applicants on bail, on point of further inquiry.

4. Learned DPG for the State as well as learned counsel for complainant recorded no objection to release of the applicants on bail. By contending so, they caused filing of an affidavit of complainant Sharaf Din alias Bagan, whereby he has also recorded no objection to release of the applicants on bail.

5. Heard arguments and perused the record.

6. The FIR of the incident has been lodged with the delay of about 11 hours; the identity of the applicants is based on torch light, which is a weak piece of evidence; co-accused Raza Muhammad and Babu, who as per FIR were having similar role have already been admitted to bail by learned trial Court. The further statement of the complainant if any could hardly be treated as part of the FIR. The case has finally been challaned and there is no apprehension of tempering with the evidence on the part of the applicants. In these circumstance; a case for release of the applicants on bail, on point of further inquiry obviously is made out.

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