ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-356 of 2024

(Gaman Malik Vs. The State)

DATE                           ORDER WITH SIGNATURE OF JUDGE

For the hearing of the bail application.

22.07.2024.

None for the applicant.

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

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that the applicant with the rest of the culprits made preparations and/or assembled to commit dacoity/theft habitually and then deterred the police party of P.S Karampur, led by HC Rabban Khan from discharging its lawful duty as a public servant by making fires at them intending to commit their murder, for which the present case was registered.

2.         The applicant having been refused 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.

3.         Heard arguments and perused the record.

4.         There is no independent witness to the incident. The mere assembly of a few persons is not enough to conclude that it was constituted intending to commit dacoity. The firing is an ineffective one. The recovery of a gun is alleged by the applicant to have been foisted on him by the police. 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.50,000/- 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