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| 2026 SLG 1231 2026 SLD 1231 = 2026 YLR 158 |
Criminal Bail Applications Nos. S-120 and S-208 of 2025, decided on 13th August, 2025.
Presented By: Before Amjad Ali Sahito, J
Ghulam Mustafa Channa and Afzal Kareem Virk for Applicant (in Criminal Bail Application No. S-120 of 2025). Ghulam Abbas Dalwani, Deputy P.G for the State (in Criminal Bail Application No. S-120 of 2025). Abdul Aziz Memon and Azhar Arain for the Complainant (in Criminal Bail Application No. S-120 of 2025). Ghulam Mustafa Channa for Applicant (in Criminal Bail Application No. S-208 of 2025). Ghulam Abbas Dalwani, Deputy P.G for the State (in Criminal Bail Application No. S-208 of 2025). Abdul Aziz Memon and Azhar Arain for the Complainant (in Criminal Bail Application No. S-208 of 2025).
JUMOON---Applicant
VERSUS
The STATE---Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497(2),497,173
Law: Penal Code (XLV of 1860)
Section: 302(b),120B,34
[Sindh (Mirpurkhas Bench)] (a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302(b), 120-B & 34---Qatl-i-amd, criminal conspiracy, common intention---Bail, grant of---Further inquiry--Allegations against the accused-applicants were that they committed murder of the deceased---FIR was lodged with a delay of approximately two days, for which no plausible explanation had been furnished by the complainant, despite the fact that the distance between the place of occurrence and the concerned police station was merely two kilometers---Although a specific allegation was attributed to the accused, assigning him the direct role of causing firearm injury to the deceased, accused raised a plea of alibi which, upon investigation, was found to be substantiated---Investigating Officer collected the Call Detail Records (CDR) of the accused's mobile phone, which established his presence at a location distant from the scene of the incident---Investigating Officer collected an audio recording of a telephonic conversation between accused, co-accused, and the deceased---On the basis of said telephonic conversation, it stood established that the accused were not present at the place of occurrence at the relevant time---Relying upon this evidence, the Investigating Officer exonerated the applicants and placed their names in column No. 2 of the police report submitted under S.173, Cr.P.C.---In the present matter, the Investigating Officer had collected sufficient material substantiating the defence version of the accused persons and, on the basis of the said reports, had placed their names in column No. 2 of the challan---Consequently, the case of the applicants/accused fell within the ambit of further inquiry as envisaged under subsection (2) of S.497, Cr.P.C---Applicants/accused had been in custody for approximately one year and no substantial progress had been made in the proceedings before the Trial Court---Bail application was allowed, in circumstances. Chaudhry Nadeem Sultan v. The State through PG Punjab and another 2022 SCMR 663; Akhter Ali and others v. State PLD 2008 SC 269; Gulzada v. Gul and another 2019…