Cr.Bail 505/2025 (S.B.) Sindh High Court, Circuit at Larkana
Sindh High Court · 2025 · Before Amjad Ali Sahito
Through this Bail Application, the applicant/accused Tarique seeks post-arrest bail in Crime No.72 of 2024 registered under Sections 302, 120-B, 201, 147 & 149 PPC at Police Station Lashari, District Larkana, after his bail plea has been declined by the learned 1st Addl. Sessions Judge/MCTC, Larkana, vide order dated 05.06.2025.
2. The details and particulars of the FIR are already available in the bail application and FIR, same could be gathered from the copy of FIR attached with such application, hence, needs not to reproduce the same hereunder.
3. Per learned counsel for the applicant, the applicant/accused is innocent and has falsely been implicated in this case; that the FIR is delayed for about 10 days for which no plausible explanation has been furnished by the complainant, further, after 10 days the complainant came to know when he was passing their house that accused persons were informing the women folks that they have committed the murder of Azizullah @ Raja and buried him in his 2 house and on the basis of that, instant FIR was registered and subsequently, the accused was arrested. He further contended that accused is no more required for investigation and nothing has been brought on record to connect the applicant with commission of the alleged offence. Lastly, learned counsel for the applicant/accused prayed for grant of post-arrest bail.
4. Mr. Farhat Ali Bugti, Advocate files Vakalatnama on behalf of the complainant, same is taken on record. He submits that name of the applicant appeared in the FIR with specific role that they have committed the offence and they in the police custody have admitted their guilt and such video is available with him, hence, he is not entitled for the concession of bail.
5. On the other hand, learned Deputy P.G, Sindh also opposes the bail application and submits that on the pointation of applicant/accused, the dead body was recovered; hence, he is not entitled for concession of bail.
6. Heard and perused the record.
7. From the perusal of record, it reflects that the FIR is delayed for about 10 days for which no plausible explanation has been furnished. This is an unseen and unwitnessed incident. The FIR was registered by the complainant only on the ground that when he was passing from the house of the accused person where applicant/accused along with other co-accused were informing women folks that they have committed murder of deceased Azizullah @ Raja. So far as the plea raised by learned Deputy P.G, Sindh that on his pointation, the police has recovered dead body, is concerned, it is suffice to say that FIR was registered by the complainant after hearing the conversation between women folks and accused person and when it was earlier in their knowledge, they did not dug out the dead body from their house; hence, the plea raised by learned Deputy P.G, Sindh has no value in the eyes of law.
8. Further, so far as the plea raised by learned counsel for the complainant that a video has been recorded at the police station in 3 which accused has admitted his guilt, is concerned, same, in view of Article 38 of the Qanoon-i-Shahdat, has no value in the law. At bail stage, only tentative assessment is to be made. The applicant/accused is in jail and his further detention will not improve the case of the prosecution.
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