IN THE HIGH COURT OF SINDH, CIRCUIT COURT
Crl. Bail Appln. No. S- 231 of 2021.
Applicants: 1. Nizamuddin Shaikh and 2. Noor Muhammad, through Mr. Habibullah G. Ghouri, Advocate.
Complainant: Umar Wahid, through Mr. Muhammad Ashique Dhamraho, Advocate.
Respondent: The State, through Mr. Aitbar Ali Bullo, Deputy Prosecutor General.
Date of Hearing: 20.09.2021.
Date of Order: 20.09.2021.
O R D E R
Abdul Mobeen Lakho, J: Through this application, applicants Nizamuddin son of Misri Khan Shaikh and 2. Noor Muhammad son of Muhammad Ali are seeking their admission to post-arrest bail in Crime No.24/2021 of Police Station Market, Larkana, registered for offences punishable under Sections 458, 427, 504, 114, 147 and 148 P.P.C. Earlier, similar bail plea of the applicants was declined by learned 3rd Additional Sessions Judge, Larkana, vide order dated 08.05.2021.
The brief facts of the case are that, on 27.3.2021 complainant Umar Wahid Araine lodged report with P.S Market Larkana, stating therein that, at about 08.00 p.m of 27.3.2021 when complainant alongwith his witnesses was available in Shaikh Bungalow about 25 persons entered bungalow, out of them they identified accused Muhammad Nawaz, Imtiaz Ali and Nizamuddin while rest were not known to them; all of them were having “lathis” in their hands and on coming accused Muhammad Nawaz Shaikh instigated rest of accused to kill complainant party, to which the accused persons caused damaged in the bungalow and since complainant party entreated accused persons, they left the scene while abusing.
Learned counsel for the applicants mainly contended that, since there are counter cases between the parties, and since co-accused Muhammad Nawaz and Imtiaz Ali have been admitted to pre arrest bail by this Court today i.e. 20.09.2021 in connection with Crl. Bail Appln. No. S- 139/2021 and that the complainant has no objection for grant of post arrest to the applicants, therefore, the applicants may be allowed bail.
Learned Advocate for complainant affirms contention of learned counsel for the applicants and extends no objection to grant of post-arrest bail to the applicants.
On other hand, learned Deputy Prosecutor General appearing for the State does not controvert the submissions made by learned counsel for the applicants and concedes for grant of bail in view of no objection extended by learned Advocate for complainant.
Accordingly, in view of no objection extended by the learned Advocate for complainant as well as learned D.P.G. appearing for the State; instant bail application stands allowed. Consequently, the applicants Nizamuddin Shaikh and Noor Muhammad are granted post-arrest bail subject to their furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand rupees) each and P.R bonds in the like amount to the satisfaction of learned trial Court.