ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-764 of 2023

(Irfan Ali Veesar Vs. The State)

DATE                           ORDER WITH SIGNATURE OF JUDGE

For the hearing of the bail application.

08.07.2024.

Mr. Athar Abbas Solangi, Advocate for the applicant.

Mr. Riaz Hussain Khoso, Advocate for the complainant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that the applicant with one more culprit in furtherance of their common intention, murdered Ashique Hussain by causing him fireshot injuries, for which the present case was registered.

2.        The applicant having been refused post-arrest bail by learned Additional Sessions Judge, Ratodero, has sought the same from this Court by way of instant application u/s. 497 Cr. PC.

3.        It is contended by learned counsel for the applicant that the applicant is innocent and has been involved in this case falsely by the complainant based on further statement, therefore, he is entitled to be released on bail on the point of further inquiry. In support of his contention, he relied upon the case of Abid Ali alias Ali vs. The State     (2011 SCMR-161)

4.        Learned DPG for the State and learned counsel for the complainant have opposed to release of the applicant on bail by contending that his name transpired on investigation and he is the real culprit of the incident.

5.        Heard arguments and perused the record.

6.        The name of the applicant does not appear in the FIR though it is lodged with a delay of about two days. It was disclosed by the complainant and his witnesses by making further statements, with a delay of about 10 days even to FIR, which appears to be surprising. No identification parade of the applicant has been arranged through a Magistrate. There is no recovery of any sort from the applicant. Co-accused Mst.Kulsoom has already been admitted to bail by this Court. The case has finally been challaned and there is no likelihood of absconsion or tampering with the evidence on the part of the applicant. In these circumstances, a case for the release of the applicant on bail on the point of further inquiry is made.

7.        Under the discussed circumstances, 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 the learned trial Court. 

8.        The instant bail application is disposed of accordingly.

JUDGE