ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-133 of 2023

(Saeed Ahmed Vs. The State)

 

DATE                         ORDER WITH SIGNATURE OF JUDGE

 

 

 

For hearing of bail application.

 

20.04.2023.

Mr. Zafar Ali Malgani, Advocate for the applicant.

Complainant Bashir Ahmed in person.

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 besides committing robbery from the house of complainant caused fire shot injury to PW Muhammad Saleem, for that the present case was registered.

 

2.         On refusal of bail by learned Sessions Judge, Jacobabad, the applicant has sought for the same from this Court by way of instant bail application under Section 497 Cr.PC.

 

3.         It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant by way of further statement otherwise he has nothing to do with the alleged incident.  By contending so, he sought for release of the applicant on bail on point of further inquiry

 

4.         Learned Addl.P.G for the State who is assisted by complainant Bashir Ahmed has opposed to release of the applicant on bail by contending that he has committed the offence which is affecting the society at large.

 

5.         Heard arguments and perused the record.

6.         The name of the applicant is not appearing in the FIR though it has been lodged with delay of about three days; it was disclosed subsequently by the complainant by way of further statement which was recorded with delay more than five months; the further statement could hardly be made part of FIR; the identification of the applicant has been conducted on 3rd day of his  arrest and no explanation to such delay is offered; 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 is made out.

 

7.         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. 

 

8.         The instant bail application is disposed of accordingly.

                                                                                                   JUDGE