IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Appln. No. S-32 of 2023

Applicant	Siraj @ Sheeraz and another
	Through Mr. Zulfiqar Ali Buriro, advocate
Complainant	Abdul Razaq Through Mr. Liaqat Ali Depar, advocate
State	Mr. Aitbar Ali Bullo, D.P.G for the State
Date of hearing	17-03-2023
Date of order	17-03-2023

O R D E R

ZULFIQAR ALI SANGI, J.- Through instant criminal bail application, the applicant/accused Siraj @ Sheeraz and another seek post arrest-bail in Crime No.240/2022, registered at Police Station Mehar, for the offence U/S 302, 34 P.P.C, after rejection of his bail plea by the learned I-Additional Sessions Judge/MCTC Dadu, vide order dated 28.12.2022.

2. The facts of the incident are mentioned in the memo of bail application and the copy of F.I.R. is also attached with the bail application, hence, needs not to reproduce the same here.

3. Learned counsel for the applicants/accused submits that the applicants/accused are not nominated in the F.I.R nor their Hulias or features have been mentioned; that there is delay of four days in registration of F.I.R, which delay has not been explained by the complainant; that the applicants have been involved in this case on the basis of supplementary statement recorded on 03.10.2022, i.e. after 17 days from the incident and 13 days from the F.I.R; even otherwise in the supplementary statements no any specific role has been alleged against the present applicants that they have committed the offence. He has, therefore, prayed for grant of post-arrest bail.

4. Learned D.P.G. in view of above submissions, has conceded for grant of bail.

5. Learned counsel for the complainant submits that applicants are nominated in the further statement of complainant and the applicants have shared their common intention, therefore, they are not entitled for grant of post-arrest bail.

6. Heard learned counsel for the applicant, learned counsel for the complainant, learned D.P.G. and perused the material available on the record with their able assistance.

7. Admittedly the incident took place on 16.09.2022 and the F.I.R was registered on 20.09.2022, though it was registered after delay of four days, inspite of that names of these applicants does not transpire in the F.I.R, and the names of the applicants appear in supplementary statement recorded on 03.10.2022 i.e. after 17 days of incident and 13 days after the F.I.R, which creates serious doubt in the prosecution case. As per supplementary statement, no specific role has been assigned to the applicants for causing death of the deceased. In such circumstances, the case of applicants requires further inquiry for grant of post-arrest bail.

8. Accordingly, instant criminal bail application is allowed. The applicant/accused are admitted on post-arrest bail subject to furnishing solvent surety in the sum of Rs.100,000/- (Rupees one hundred thousand only) each and P.R bond in the like amount to the satisfaction of trial court.

9. Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned trial court while deciding the case of either party at trial.

J U D G E

Abdul Salam/P.A