ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr.Bail.Appl.No.S-  138  of  2017

DATE        ORDER WITH SIGNATURE OF JUDGE

06.06.2017.

Mr. Ghulam Hussain Malano, Advocate for applicant.

Mr. Shahid Ahmed Shaikh, A.P.G. for the State.

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          Through instant bail application, applicant is seeking post arrest bail in Crime No.57 of 2016 registered at PS Mehmood Abad u/s 324, 336, 504, 34 PPC.

2.       Precisely, the relevant facts of the case are that the present applicant caused hatchet injury on the back and neck of PW Kelash with intention to commit murder, hence booked in present F.I.R.

3.       It is contended by learned counsel for the applicant that the applicant, being innocent, has been involved in this case falsely; there is delay of two days in lodging the FIR; co-accused Ghulam Mustafa has already been granted bail; injured has not sustained the injury on the vital part of the body; complainant and witnesses are related inter-se; as such according to him the present applicant is entitled for concession of bail on the point of further inquiry.

4.       Learned A.P.G. has opposed the bail on the ground that present applicant has caused hatchet blow to PW Kelash with intention to commit his murder and his case is distinguishable to that of co-accused Ghulam Mustafa.

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

6.       Admittedly, the name of the present applicant appears in the FIR with specific role that he being armed with hatchet caused hatchet blow to PW Kelash with intention to commit his murder and that injury has been declared by the Medical Board as “Itlaf-e-Salahiyat-e-Udw” which is constituting an offence punishable u/s 336 PPC. No doubt said injury to PW Kelash is caused on back of his chest below the neck and it may not be said to be vital part of his body but there could be made no denial to the fact that it has entailed impairment of the organs, which according to the opinion of the Medical Board may take years to improve, such fact could not be lost of sight. Here, it may be added that in bail matter (s) innocence or guilt is not decided nor legally it is permissible to step forward to go into such details. In bail matters, normally the accused has to make out a case of further inquiry which too with reference to collected material and not necessarily on basis of defence plea. In that situation, it would be pre-mature to say that present applicant being innocent has been involved in this case falsely. It is true that co-accused Ghulam Mustafa has already been admitted to bail but his case is quite distinguishable to the present accused as he was attributed the role of causing ineffective firing at PW Kelash. No doubt there is delay of about two days in lodging the FIR but delay in FIR per se is no ground for grant of bail if otherwise accused appears to be linked with offence with which he is charged. There appear reasonable grounds to believe that the present applicant is guilty of the offence for which he is charged.

          In view of the above discussion, prima facie no case of further inquiry is made out. Accordingly, the instant bail application being without merits is hereby dismissed.

                                                                                                JUDGE

Tufail