ORDER SHEET

IN THE HIGH COURT OF SINDH, AT KARACHI.

Criminal Bail Application No. 1270 of 2015

Date               Order with Signature of Judge                                       .                                             

 

For hearing of bail application.

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11.01.2017.

           

Mr. Khawaja Naveed Ahmed, Advocate for applicant.

 

Mr. Qadir Khan Mandokhel, Advocate for complainant, alongwith complainant.

 

            Mr. Zahoor Shah, APG.

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             After rejection of his earlier application bearing Criminal Bail Application No. 252 of 2015 by the learned 2nd Additional Sessions Judge, Karachi South, vide order dated 17.09.2015, applicant/accused Arsalan Khan s/o. Muhammad Alam Khan through instant Criminal Bail Application seeks pre-arrest bail in Crime No. 140 of 2015, registered at P.S Preedy, Karachi under Section 324/427/34 P.P.C.  The applicant was admitted to interim pre-arrest bail by this Court, vide order dated 18.09.2015, now he seeks confirmation of his bail.

 

2.         The applicant, along with his brother Adnan, one unknown person and two gunmen, is nominated in aforementioned F.I.R. for causing firearm injury to complainant Haji Amanullah s/o. Haji Akhter on his right thigh and for committing mischief by causing damage to the car of complainant bearing registration No. AWB-009. 

 

3.         Heard the learned counsel for the parties and perused the material available on record.

 

4.         The alleged incident is stated to have taken place on 10.02.2015 at about 23:45 hours in front of Park International hotel, owned by the applicant. There is no previous enmity between the parties and there is also a counter F.I.R. of the incident bearing No. 141 of 2015, ledged by the manager of the hotel. No specific allegation against the applicant that the complainant sustained injury due to his gun-shot has been levelled. The accused party is ascribed solitary fire shot to the complainant on his non-vital part of body, which has been declared by the Medico-Legal Officer as “Ghayr-jaifa Mutalahima”, which is liable to daman and punishable for imprisonment up to three years as ta’zir, under section 337-F (iii) P.P.C.  Had it been intention of applicant to kill the complainant then there would have been a repetition of fire, which was not done; hence, it is yet to be seen if applicant, in circumstances, has any intention to kill the complainant and such question could only be determined at trial. As such, case of the applicant is covered under sub-section (2) of Section 497 Cr. P.C., requiring further inquiry into his guilt.

 

5.         Besides, it may be observed that the applicant was granted interim pre-arrest bail by this Court on 18.09.2015 and, admittedly, he has not misused the concession of interim pre-arrest bail and he is regularly attending the trial Court and the trial Court has examined all the prosecution witnesses except, the I.O and MLO; hence, the trial is about to conclude. Under the circumstances, the interim pre-arrest bail granted to applicant is confirmed on the same terms and conditions.

 

6.         Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the trial Court while deciding the case of the applicant on merits.

 

 

JUDGE

Athar Zai