IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1^st Criminal Bail No.S-672 of 2024

Asad Jalbani

V/S

The State

Applicant:                                          Asad son of Abdul Rehman Jalbani

Complainant:                                                Shamsuddin son of Hazoor Bux Katohar

State:                                                  Through Mr. Nazir Ahmed Bhangwar,

Deputy Prosecutor General, Sindh.    

Date of Hearing:                               22.04.2025

Date of Decision:                             22.04.2025

O R D E R

Nisar Ahmed Bhanbhro, J.-  Applicant Asad Jalbani seeks post arrest bail in Crime No.18/2022, registered under sections 302, 324, 148, 149, 337-H(2) P.P.C at Police Station Waris Dino Machi. Earlier the applicant had filed bail application for the same relief, but same was dismissed by learned Additional Sessions Judge, Ratodero vide order dated 06.09.2024. Hence this bail application.

2.         None is present on behalf of applicant today and since last many dates of hearing counsel for applicant has failed to appear in Court. It is a post arrest bail and is pending since last four months, which is being decided with the assistance of learned Deputy Prosecutor General, Sindh.

3.         Per F.I.R. applicant has been assigned role of mere presence at the place of offence with role of ineffective firing. The incident has taken place on 08.05.2022 whereas F.I.R. was lodged with delay of two days on 10.05.2022, for which no plausible explanation has been furnished by the complainant. The incident allegedly has taken place during the night hours and the source of identification is torch light.  Perusal of section 173 Cr.P.C report reflects that said torch light has not been recovered from the complainant party, therefore, source of identification remains to be resolved after recording evidence. There is enmity existing between parties since long as it has been admitted in F.I.R. that murders from both the sides have taken place. The applicant/accused is in jail since January 2023 and it is now 2025; his incarceration in jail without finding guilt is quite questionable. Since counsel for applicant is not appearing for one or the other reason and this bail application is pending without progress. Co-accused Ghulam Shabir Jalbani was declared innocent during investigation, who was also assigned same role. Though recovery of Kalashnikov from the person of accused was affected, but it cannot be said that same was used in commission of crime. Under such a situation, case of applicant calls for further enquiry within ambit of section 497(2) Cr.P.C. and keeping him behind the bars for indefinite period would not serve any purpose.

4.         Learned Deputy Prosecutor General has opposed the grant of bail to the applicant/accused on the ground that offence falls within the prohibition contained under section 497 Cr.P.C.  Needless to say that mere heinousness of offence would not deprive a person from right of bail, which is a fundamental right guaranteed under the Constitution. 

5.         In view of above applicant Asad Jalbani is admitted to bail subject to his furnishing a solvent surety in the sum of Rs.500,000/- (Rupees Five Hundred Thousands only) and P.R bond in the like amount to the satisfaction of the learned trial Court.

6.         Observations made hereinabove are tentative in nature and shall not prejudice the case of either side during trial.

            Office is directed to communicate copy of this order to Senior Superintendent, Central Prison and Correctional Facility, Larkana, who will inform applicant that he has been granted bail by this Court. Copy be also communicated to the trial court for compliance.

                        Bail application stands disposed of accordingly.

Judge

Manzoor