ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-354 of 2024

(Shahbaz Ali Bhayo Vs. The State)

DATE                           ORDER WITH SIGNATURE OF JUDGE

For the hearing of the bail application.

15.07.2024.

Mr. Muhammad Afzal Jagirani, Advocate for the applicant.

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

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that the applicant being a member of a wandering gang in a habit of committing dacoity, for which the present case was registered with P.S, A-Section Kandhkot, and on refusal of post-arrest bail by learned Sessions Judge Kashmore @ Kandhkot, has sought the same from this Court by way of instant application u/s. 497 Cr. PC.

2.        Heard arguments and perused the record.

3.        Despite advance information, no independent person was associated to witness the incident; such omission on the part of police could not be overlooked. Nothing has been brought on record that may suggest that the applicant is a member of a wandering gang in the habit of committing dacoity. An application u/s.491 Cr.PC was also filed by the mother of the applicant for his release from wrongful confinement before his involvement in the present case by the police; such application could not be overlooked. 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.

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

5.        The instant bail application is disposed of accordingly.

JUDGE