ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-182 of 2023

Zubair Noon Vs. The State.

 

DATE                          ORDER WITH SIGNATURE OF JUDGE

 

 

For hearing of bail application.

 

17.04.2023.

Mr. Shahbaz Ali Brohi, Advocate for the applicant.

Mr. Aitbar Ali Bullo, D.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 murder of Mst.Azra under the allegation of “Karap” for that the present case was registered.

 

2.        On refusal of bail by learned Incharge 5th Additional Sessions Judge, Shikarpur, 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 police otherwise Ghulam Mustafa and Mst.Zahida being father and mother of the deceased have declared him to be innocent by filing their respective affidavits before this Court. By contending so, he sought for release of the applicant on bail on point of further inquiry

 

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

 

5.        Heard arguments and perused the record.

6.        As per complainant ASI Muhammad Bux, he witnessed the incident together with PWs HC Nazir Ahmed and PC Qurban Ali. Contrary to him, on asking, it was inter-alia stated by PW/HC Nazir Ahmed that “It is correct to suggest that his statement shown to have been recorded in which he has disclosed that he has seen the incident which is false”. By stating so, he belied the complainant that he and the above said witness seen the applicant and others committing death of the deceased. More-so, Ghulam Mustafa and Mst.Zahida who happened to be father and mother of the deceased on account of their failure to support the case of prosecution have also been declared hostile. In these circumstances, reasonable grounds appear for believing that the applicant is not guilty of the offence with which he is charged and his case is calling for further inquiry.

 

7.        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. 

 

8.        The instant bail application is disposed of accordingly.

                                                                                                       JUDGE