ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-67 of 2023

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For hearing of bail application.

 

13.04.2023.

 

M/S. Asif Ali Abdul Razzak Soomro & Mohsin Ali Pathan, Advocates for the applicant.

Mr. Safdar Ali Bhutto, Advocate for the complainant.

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 Khair Bux by causing him fire shot injuries, 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 complainant party in order to satisfy with him its dispute over Karap; the FIR of the incident has been lodged with delay of about one day; as per FIR, no active role in commission of the incident is attributed to the applicant and on investigation co-accused Shah Nawaz, Sherdil and Hero have already been let off by the police by finding them to be innocent; therefore, the applicant is entitled to be released on bail as his case is calling for further inquiry. In support of their contentions, they relied upon case of Syed Amanullah Shah Vs. The State (PLD 1996 SC-241).

 

3.        It is contended by learned Addl.P.G for the State and learned counsel for the complainant that the applicant has been implicated in commission of the incident by PWs Ghulam Nabi and Abdul Razzak with specific role of causing fire shot injury to the deceased on his right thigh and on arrest from him has been secured the incriminating pistol; therefore, he is not entitled to be released on bail, as his case is not calling for any inquiry.

 

4.        Heard arguments and perused the record.

5.        The FIR of the incident has been lodged with delay of about one day; as per FIR, no active role in commission of the incident is attributed to the applicant; subsequent to FIR, PWs Ghulam Nabi and Abdul Razzak by way of their statements recorded under Section 161 & 164 Cr.PC have implicated the applicant  with commission of incident with role of causing fire shot injury to the deceased on his right thigh, those statements have been recorded with delay of about 01 day and 17 days respectively even to FIR; such delay could not be overlooked; those statements if believed prima facie falsify the complainant in his version in FIR at least to the extent of the applicant; the parties are already disputed over Karap; the case has finally been challaned and 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 obviously is made out and such concession could not be denied to him on the basis of recovery of alleged incriminating pistol from him.

 

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