IN THE HIGH COURT OF SINDH, CIRCUIT COURT,LARKANA

 

Criminal Bail Appln. No. S-103 of 2023

 

 

Applicant

 

Zulfiqar @ Bhuttay Jafferi

 

 

Through Mr. Zafar Ali Malgani, Advocate

 

 

 

State

 

Mr. Aitbar Ali Bullo, D.P.G for the State

 

Date of hearing

 

26-05-2023

Date of order

 

26-05-2023

 

 

 

 

                         

O R D E R

 

ZULFIQAR ALI SANGI, J.- Through instant criminal bail application, applicant/accused Zulfiqar @ Bhuttay seeks post arrest-bail in Crime No.78/2014, registered at Police Station B-Section Kandhkot, for the offence U/S 324, 337-F(ii), 147, 148, 149, 506/2, 337-H(ii) P.P.C, after rejection of his bail plea by the learned I-Additional Sessions Judge, Kandhkot, vide order dated 07.03.2023.

2.                          The facts of the incident as per F.I.R are that the applicants along with co-accused caused injuries to the complainant party for such purpose the F.I.R was registered.

3.                          Learned counsel for the applicant/accused submits that the applicant/accused is innocent and has falsely been implicated in this case by the complainant due to enmity; that there is delay in registration of F.I.R the same has not been explained, therefore, in such circumstances the applicant is entitled for post-arrest bail.

4.                          Learned D.P.G. submits that co-accused after full trial have been convicted by the trial court on same allegations and their appeals also failed before this court, therefore, he submits that applicant is not entitled for grant of post-arrest bail and his bail application be dismissed.

5.                          Heard learned counsel for the applicant and learned D.P.G. and perused the material available on the record with their able assistance.

6.                          Admittedly co-accused having similar role have been tried and convicted by the trial court and their appeals failed before this Court. The case against the present applicant is also on same footings. In view of such circumstances, I am of the view that prima facie there is sufficient material available on record to connect the present applicant with the alleged offence, learned counsel for applicant has failed to make out a case for grant of post-arrest bail. Resultantly instant criminal bail application is hereby dismissed.

7.                          Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned trial court while deciding the case of either party at trial.

 

J U D G E

 

Abdul Salam/P.A