IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1st. Cr. Bail Application No. S- 361 of 2023

Applicant:                                          Tasir Hussain Samo Abro

                                                            Through Mr. Ayaz Hussain Kalhoro,

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 applicant, seeks post-arrest bail in Crime No.45/2023, registered at Police Station   Naudero, for offence under sections 401, 324, 353, 34 PPC. Prior to this he filed such application but the same was turned down by the Court of Additional Sessions Judge, Ratodero vide Order dated 24.06.2023; hence he 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 applicant/accused is innocent and has been falsely implicated in this case; that infact the applicant/accused was arrested and after his arrest police has made fire on his leg, presently known as  half fry otherwise neither he was present at the place of incident nor any bullet mark was found on the vehicle. The applicant/accused is in jail and he is no more required for further investigation, hence he requested for grant of bail.

4.                     On the other hand learned Additional Prosecutor General, Sindh vehemently opposed the grant of bail.

5.                     Heard and perused.

6.                     Perusal of record reflects that an encounter took place between the parties whereas the accused parties was standing at the western side and the police was standing at the eastern side. Thereafter encounter took place but suddenly the applicant received  injury on the right leg which is not appealing to the prudent mind. Learned counsel also pleaded that after the arrest of applicant the injury was caused by the police officials by making him half fry. The applicant/accused is in jail and no more required for further investigation. Admittedly the police party has not received a single scratch as such the case requires further inquiry in view of subsection 2 of section 497 Cr.PC, resultantly, applicants/accused has made out a case of grant of bail therefore, instant bail application is allowed. The applicant/accused is enlarged on bail subject to furnishing his surety in the sum of Rs.50,000/- (rupees Fifty thousand and P.R bond in the like amount to the satisfaction of learned trial court.

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