ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-301 of 2024

(Bashir Ahmed Magsi Vs. The State)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For the hearing of the bail application.

 

22.07.2024.

 

Mr.Ali Nawaz Depar, Advocate for the applicant.

Complainant Bakhshal Khoso in person.

Mr. Shewak Rathore, D.P.G for the State.

                                                 -.-.-.-.-.-.-.-.-.-

 

IRSHAD ALI SHAH, J.- It is alleged that the applicant by driving a Coach in a rash and negligent manner, committed the death of the deceased Barkat Ali by running over the same upon him and his motorcycle which too sustained damage, for which the present case was registered.

 

2.         The applicant having been refused post-arrest bail by learned Incharge 2nd Additional Sessions Judge, Mehar, 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 offence is a bailable, yet the learned trial Court has curtailed the liberty of the applicant under unjustified pretext that allegation against him constitutes an offence punishable u/s.322 PPC, and more so, the very case on the investigation has been recommended by the police to be canceled under the “C” class. By contending so, he sought the release of the applicant on bail as a matter of right, which is not opposed by learned DPG for the State and complainant Bakhshal Khan in person by filing his affidavit.

 

4.         Heard arguments and perused the record.

 

5.         The offence is bailable and the very case on the investigation is recommended by the police to be canceled under the “C” class. In such a situation, there was hardly a justification with the learned trial Court for denying the concession of bail to the applicant; by forming an opinion in a summary manner that the allegation against him constitutes an offence punishable u/s.322 PPC, which even otherwise entails punishment of Diyat only. Consequently, the applicant is directed to be released on bail subject to his furnishing surety in the sum of Rs.100,000/- and P.R bond in the like amount to the satisfaction of the learned trial Court. 

 

6.         The instant bail application is disposed of accordingly.

                                                                                                           JUDGE