ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-148 of 2023

(Ali Akbar Vs. The State)

 

DATE                         ORDER WITH SIGNATURE OF JUDGE

 

 

 

For hearing of bail application.

 

25.05.2023.

Mr. Javed Ahmed, Advocate for the applicant.

Mr. Tufail Ahmed Kumbhar, Advocate for complainant.

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 death of boy Sheeraz of 15/16 years of age, for that the present case was registered. On refusal of bail by learned 4th Additional Sessions Judge, Larkana, the applicant has sought for the same from this Court by way of instant bail application under Section 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 complainant; the FIR of the incident has been lodged with delay of about one day and none actually has seen the applicant committing death of the deceased; therefore, he is entitled to be released on bail on point of further inquiry.

 

3.       Learned Addl.P.G for the State and learned counsel for the complainant have opposed to release of the applicant on bail by contending that he was lastly seen in company of the deceased and Masjid from where the dead body of the deceased has been secured was being managed by him, which prima facie suggests his involvement in commission of the incident.

 

4.       Heard arguments and perused the record.

5.       The FIR of the incident has been lodged with delay of about one day; such delay having not been explained plausibly could not be overlooked; none indeed has seen the applicant committing the death of the deceased; therefore, his involvement in commission of the incident on the basis of last seen evidence and recovery of dead body from Masjid being looked-after by him being weak in its nature calls for its determination at trial. The case has finally been challaned. There is no apprehension of tampering with the evidence on the part of applicant. In these circumstances, a case for release of the applicant on bail on point of further inquiry 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