ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-154 of 2023

(Bajo @ Bajo Khan Vs. The State)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For hearing of bail application.

 

18.05.2023.

 

M/S. Abdul Rehman Bhutto and Muhammad Murad Chachar, Advocates 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 in furtherance of their common intention committed murder of his wife Mst.Ashri and Dhani Bux by causing them fire shot injuries by leveling allegation of Karap against them, for that the present case was registered. On refusal of bail by learned 1st Additional Sessions Judge, Kandhkot, the applicant has sought for the same from this Court by way of instant application u/s. 497 Cr.PC.

 

2.        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police otherwise legal heirs of the deceased by filing their affidavits have recorded no objection to his release on bail. By contending so, he sought for release of the applicant on bail on point of further inquiry.

 

3.        Learned Addl.P.G for the State has opposed to release of the applicant on bail by contending that the offence allegedly committed by him is affecting the society at large.

 

4.        Heard arguments and perused the record.

5.        The complainant being police official has lodged FIR of the incident on behalf of the State on the basis of information which allegedly was furnished to him by spy; he indeed has not seen the applicant committing the alleged incident. More-so, Ali Hassan and Abdul Samad who happened to be legal heirs of deceased Mst.Ashri, besides Mitho Khan, Ahmed Ali and Mst.Esa Khatoon who happened to be legal heirs of deceased Dhani Bux by filing their respective affidavits have recorded no objection to grant of bail to the applicant. The case has finally been challaned and there is no apprehension of tampering with the evidence on his part. In these circumstances, a case for release of the applicant on bail on point of further inquiry obviously is made out.

 

6.        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. 

 

7.        The instant bail application is disposed of accordingly.

                                                                                                        JUDGE