BACHAL (Applicant) VS THE STATE (Respondent)

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Criminal Bail Application No.S-1036 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on office objection.

For hearing of main case.

Mr. Ahique Hussain D. Solangi, Advocate for applicant. Ms. Sobia Bhatti, A.P.G for the State.

ORDER

Irshad Ali Shah J:- It is alleged that the applicant with the rest of the culprit in prosecution of their common object not only committed murder of Azizullah by causing him fire short injuries but caused fire shot injuries to PW Sabar with intention to commit his murder and then went away by insulting complainant Muhammad Hassan and others, for that the present case was registered.

2.The applicant on having been refused post arrest bail by learned Additional Sessions Judge-I(MCTC), Dadu, has sought for the same from this court by way of making instant application under section 497 Cr.P.C.

3.It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant in order to satisfy his matrimonial dispute with him; the FIR of the incident has been lodged with delay of about four days and no effective role in commission of incident even otherwise is attributed to the applicant. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.Learned A.P.G for the State has opposed to release of the applicant on bail by contending that he has actively participated in commission of incident.

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

6.The FIR of the incident has been lodged with delay of about four days and the role attributed to the applicant in commission of incident is only to the extent of making fire at PW Sabar, which hit to motorcycle of the complainant party. The parties are already disputed with each other; therefore, the involvement of the applicant in commission of incident is calling for further enquiry.

7.In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.200,000/- 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,