ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-213 of 2023

(Babar Brohi Vs. The State)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For hearing of bail application.

 

18.05.2023.

 

Mr. Shahbaz Ali Brohi, 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 culprits, after having formed an unlawful assembly and in prosecution of its common object, committed murder of Arslan by causing him fire shot injuries and then went away by making aerial firing to create harassment, for that the present case was registered. On refusal of bail by learned 3rd Additional Sessions Judge, Shikarpur, the applicant has sought for the same from this Court by way of instant 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 two days; such delay having not been explained plausibly could not be overlooked; the role attributed to the applicant in commission of the incident is only to the extent of making aerial firing to create harassment; the parties are already disputed over the landed property, therefore, the involvement of the applicant in commission of the incident on the basis of allegation of aerial firing would call for determination at trial; the case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicant. More-so, co-accused Rahim Bux and Baz Muhammad with utmost similar role have already been admitted to bail either by this Court or by learned trial Court. In these circumstances, a case for release of the applicant on bail on point of further inquiry and consistency 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