IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1st. Cr. Bail Application No. S- 246 of 2023

Applicants:                                        1. Khando,

                                                            2. Sadam Hussain

                                                            3. Assadullah

                                                            4. Dilber all son of Sardar Khan Soomro,

                                                            Though Mr. Ayaz Ahmed Bhayo,

Complainant:                                    Mst. Zarina

                                                            Through Messrs Muhammad Afzal Jagirani and Adnan Ahmed Sarki.

The State:                                          Through Mr. Ali Anwar Kandhro, Addl. Prosecutor General, Sindh.

Date of hearing:                               03-08-2023

Date of order:                                   03-08-2023

O R D E R

AMJAD ALI SAHITO, J:-   Through instant criminal bail application, the applicants, seek pre-arrest bail in Crime No.165/2023, registered at Police Station  A-Section Thull, for offence under sections 302, 201, 147 and 149 PPC. Prior to this, they filed such application, but the same was turned down by the Court of Additional Sessions Judge, Thull vide Order dated 28.04.2023; hence they filed instant Criminal Bail Application.

2.                     The details and particulars of the F.I.R. are already available in the bail application, same could be gathered from the copy of F.I.R. attached with such application, hence, needs not to reproduce the same hereunder.

3.                     Per learned counsel the applicants/accused are innocent and they have been falsely implicated in this case; that the FIR is delayed for about 01 month and 16 days for which no plausible explanation has been furnished; that this is an unseen and unwitnessed incident as such the applicants/accused are no more required in this case. He further contended that as per postmortem no poison was detected. The applicants/accused are no more required for investigation, hence he requested for grant of pre-arrest bail.

4.                     On the other hand learned counsel for the complainant and learned Additional Prosecutor General, Sindh vehemently opposed the grant of bail on the ground that sufficient evidence is available on the record to connect the applicants /accused in the commission of offence.

5.                     Heard and perused.

6.                     From the perusal of record it reflects that early in the morning the complainant received a telephonic call from his son in law that her daughter Samina has committed suicide by administrating the poison on such the complainant along with her husband and brother Nazir went to the village where they met with Assadullah, Abdul Karim, Sadam Hussainn and Dilber all son of Sardar Bux soomro and inquired about the dead body of the daughter, to which applicants/accused replied that they have buried her. The names of applicants /accused appears in the F.I.R with specific role that as per contention of complainant they have committed murder of deceased Samina; further the medical board was constituted vide letter No.1363/69 dated 19.4.2023 for final examination of report of deceased wherein they have stated that as per chemical report no poison was detected. So for as the contention of learned counsel for the applicants/accused that there is unexplained delay in registration of F.I.R is concerned for which the complainant has clearly explained that first she appeared at police station and subsequently filed application under section        22-A and B Cr.PC thereafter, she has lodged the FIR.  At bail stage only tentative assessment is to be made. The PWs supported the version of complainant. For grant of pre arrest bail essential requirement is that there should be a malafide on the part of complainant or on the police. In this case the applicants/accused have failed to point out any malafide or ill will or enmity with the complainant or the police to believe that they have been implicated in this case falsely. Further it cannot be imagine that when the daughter of complainant was murdered and without informing her they have buried the dead body which also shows that sufficient evidence is available on the record to connect the applicants/accused with the commission of alleged offence. In view of above the applicants /accused have failed to make out a case for grant pre arrest bail. Resultantly, instant Criminal Bail Application is dismissed. Interim pre arrest bail already granted to the applicant vide order dated 12.5.2023, is hereby recalled.

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

S.Ashfaq