ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.D-16 of 2023

(Altaf Hussain Vs. The State)

DATE                          ORDER WITH SIGNATURE OF JUDGE

Before:

                                                   Mr. Justice Irshad Ali Shah.

                                                                                      Mr. Justice Arbab Ali Hakro.

For hearing of bail application.

24.05.2023.

Mr. Ghulam Yaseen Junejo, 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, in furtherance of their common intention, deterred the police party of P.S Naudero, led by complainant HC Muhammad Ayaz  from discharging its lawful duty as public servants by making fires at them with intention to commit their murder, as result of such firing, Naseem alleged to be associate of the applicant died after sustaining fire shot injuries and from him was secured an unlicensed Kalashnikov, while the applicant sustained fire shot injuries and on arrest from him was also secured an unlicensed pistol, for that the present case was registered. On having been refused post-arrest bail by learned Judge, Anti Terrorism Court, Larkana, 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.        There is no independent witness to the incident. None from the police personnel has sustained fire shot injuries which appears to be surprising. The applicant has alleged highhandedness against the police by causing him fire shot injuries and committing death of his associate. The recovery is alleged to have been foisted upon the applicant by the police to save their skin from the consequences of fake encounter. The case has finally been challaned and there is no apprehension of tampering with evidence on the part of applicant. In these circumstances, a case for release of the 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.50,000/- 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

JUDGE