ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No. S- 602 of 2011.

Date of hearing

Order with signature of Judge

1. For orders on office objection.

2. For order on M.A No. 2408/2011.

3. For hearing.

30.12.2011.

          Mr. Ahsan Ahmad Quraishi, Advocate for the applicant.

          Miss. Shazya Surahyo, State counsel.

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          Applicant seeks bail in crime No. 137/2011, registered at P.S Shahdadkot, for offences punishable under section 302. 337-A (ii),     337-F (i), 337-H (2), 148, 149, 114 P.P.C.

From perusal of F.I.R it is noted that the role assigned to the applicant is that he was available at the place of incident alongwith other co-accused persons, allegedly armed with the pistol. From perusal of contents of F.I.R it is noted that the deceased  Qurban Ali died on account of receiving lathis blows caused by co-accused Mashooque Ali alias Abdul Razzak, whereas role assigned to the applicant is that he fled away from the scene by making aerial firing.

          Learned counsel for the applicant contended that the applicant has been falsely implicated in the instant crime, whereas no specific role has been signed towards commission of offence falling under section 302 P.P.C. He further stated that no recovery has been affected from the applicant, whereas as per postmortem report, the cause of death is on account on injuries caused by hard and blunt substance. Learned counsel states that there is no incriminating material available against the applicant and the case is of further enquiry. In support of his contentions learned counsel placed his reliance on the case of Muhammad Sadiq and another V. The State (1996 SCMR 1654).

          Conversely, learned State counsel opposed grant of bail, and submitted that the applicant has been assigned the specific role of being in possession of pistol, whereas common intention to cause death of deceased is also manifest from his presence on the scene of incident.

          On tentative assessment of the record it appears that no overt act is assigned to the applicant to cause death of the deceased, whereas no recovery has been affected. No incriminating material has been produced by the prosecution. Whereas per postmortem report the cause of death is shown to be on account of receiving lathi blows inflicted by co-accused persons. I am of the opinion that matter requires further enquiry. Moreover, the challan of the case has been filed and the applicant is no more required for further investigation. Accordingly, instant bail application is allowed and the applicant is admitted to bail subject to furnishing solvent surety in the sum of Rs.100,000/- (One hundred thousands) and P.R bond in the like amount to the satisfaction of the trial Court.

                                                                                      Judge