ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-139 of 2024

(Khair Muhammad @ Khair Bux Vs. The State)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For the hearing of the bail application.

 

15.07.2024.

 

Mr. Ashfaque Hussain Abro, Advocate for the applicant.

Complainant Abdul Aziz Bakhrani in person.

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, after having formed an unlawful assembly and in the prosecution of its common object, murdered Noor Hassan by causing him fireshot injuries, for which the present case was registered.

 

 

2.        The applicant having been refused post-arrest bail by learned 3rd Additional Sessions Judge, Shikarpur, has sought the same from this Court by way of instant application u/s. 497 Cr. PC.

 

3.        Heard arguments and perused the record.

4.        The name of the applicant does not appear in the FIR though it is lodged with a delay of about three days, which appears to be surprising; it was disclosed by the complainant by making a second further statement; it was recorded with a delay of more than two months; such delay could not be overlooked. The further statement could hardly be treated as a part of FIR. Even otherwise, no specific injury to the deceased is attributed to the applicant. More so, complainant Abdul Aziz and PW Muhammad Nawaz have recorded no objection to the grant of bail to the applicant by filing their respective affidavits. 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.

 

 

5.        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