Aijaz @ Babli and others (Applicant) VS The State (Respondent)

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Criminal Bail Application No.S-83 of 2021

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on office objection.

For hearing of main case.

Mr. Ghulam Asghar Mirbahar, advocate for the applicants.

Ms. Sobia Bhatti, A.P.G for the State.

Mr. Samiullah Rind, advocate for complainant.

ORDER

Irshad Ali Shah J;- It is alleged that the applicants with rest of the culprits in furtherance of their common intention committed Qatl-e-amd of Kamran by strangulating his throat and causing lathi blows, for that the present case was registered.

2.The applicants on having been refused post arrest bail by learned 6th Additional Sessions Judge, Hyderabad have sought for the same from this Court by way of instant application under section 497 Cr.P.C.

3.It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely; the FIR has been lodged with delay of about three days;

it is unseen incident; therefore, the applicants are entitled to grant of post-arrest bail on point of further enquiry.

4.Learned A.P.G for the State and learned counsel for the complainant have opposed to grant of post-arrest bail to the applicants by contending that they are involved in commission of incident on the basis of CDR report.

5.I have considered the above arguments and perused the record.

6.The FIR of the incident has been lodged with delay of about three days; such delay could not be overlooked. As per FIR it was unseen incident. The involvement of the applicants with commission of incident is based on private investigation. CDR report could hardly connect the applicants with the commission of incident. The applicants in the circumstances are found entitled to grant of post-arrest bail on point of further inquiry.

7.In view of above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.400,000/-each and PR bond in the like amount to the satisfaction of learned trial Court.

8.The instant bail application is disposed of accordingly.

JUDGE

Ahmed/Pa,