ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-334 of 2024

(Ali Murad & another Vs. The State)

DATE                          ORDER WITH SIGNATURE OF JUDGE

For the hearing of the bail application.

18.07.2024.

Mr. Abdul Rehman Bhutto, Advocate for the applicants.

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

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that the applicants with the rest of the culprits, being members of a wandering gang associated with and/or made preparations for committing dacoity/theft habitually and then deterred the police party of P.S A-Section Kandhkot, led by HC Muhammad Murad Bachkani from discharging its lawful duty as public servant by making fires at them with intention to commit their murder, for which the present case was registered.

2.        The applicants having been refused post-arrest bail by learned Sessions Judge, Kashmore @ Kandhkot, have 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 applicants that the applicants are innocent and have been involved in this case falsely by the police only to show its efficiency, therefore, they are entitled to be released on bail on the point of further inquiry, which is opposed by learned DPG for the State by contending that the offence is affecting the society at large.

4.        Heard arguments and perused the record.

5.        There is no independent witness to the incident. The identity of the applicants under the light of police mobile and torches is a weak piece of evidence. No dacoity has taken place. The firing is an ineffective one. The case has finally been challaned and there is no likelihood of absconsion or tampering with the evidence on the part of the applicants. In these circumstances, a case for the release of the applicants on bail on the point of further inquiry is made.

6.        Under the discussed circumstances, the applicants are admitted to bail subject to their furnishing surety in the sum of Rs.50,000/- each 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