ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-13 of 2024

(Muhammad Ali @ Sindhu Vs. The State)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

 

For the hearing of the bail application.

 

 

 

 

 

 

15.07.2024.

 

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 the rest of the culprits by trespassing into the house of complainant Jan Muhammad, committed dacoity/robbery and on resistance murdered his wife Mst.Jinsar Khatoon caused her fireshot injury, for which the present case was registered.

 

2.        The applicant having been refused post-arrest bail by learned 1st Additional Sessions Judge/MCTC, Shikarpur, 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, otherwise, the role of causing fireshot injury to the deceased is attributed to co-accused Faiz Muhammad, therefore, he is entitled to be released on bail on the point of further inquiry, which is opposed by learned DPG for the State by contending that it is the case of conjoint liability.

 

4.        Heard arguments and perused the record.

5.        The FIR of the incident is lodged with a delay of about 18 hours; such delay could not be overruled; it was a night-time incident, therefore, the identity of the applicant under the bulb light appears to be a weak piece of evidence. The role of causing fire shot injury to the deceased even otherwise is attributed to co-accused Faiz Muhammad. In such situation, the conjoint liability on the part of the applicant in the commission of the incident, if any, would be determined at trial. 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.

 

6.        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. 

7.        The instant bail application is disposed of accordingly.

                                                                                                        JUDGE