ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-139 of 2023

(Arbello Malik vs. The State).

DATE                           ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

08.05.2023.

Mr. Khadim Hussain Khoso, Advocate for the applicant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

  -.-.-.-.-.-.-.-.-.-

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 its common object, committed murder of Mst.Zehra Khatoon by causing her fire shot injuries, after declaring her to be Kari with Abdul Jabbar; for that the present case was registered. On refusal of bail by learned Additional Sessions Judge, Kashmore, the applicant has sought for the same from this Court by way of instant bail application U/S. 497 Cr.PC.

2.        Heard arguments and perused the record.

3.        The FIR of the incident has been lodged with delay of about one day that too by ASI Manzoor Ahmed Bhangwar on behalf of the State; he is not eye-witness to the incident; the role attributed to the applicant in commission of the incident is only to the extent of his presence duly armed with lathi which obviously was not used by him. More-so, Mst.Dhani, Muhammado and Barkat Ali who happened to be mother, father and brother of the deceased have already recorded no objection to grant of bail to the applicant by filing their affidavits before learned trial Court. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicant. In these circumstances, a case for release of applicant on bail on point of further inquiry obviously is made out.

4.        In view of above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.200,000/- and P.R bond in the like amount to the satisfaction of learned trial Court. 

5.        The instant bail application is disposed of accordingly.

JUDGE