ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr.B.A.No.S-  639 of 2010

DATE                                     ORDER WITH SIGNATURE OF JUDGE

            For hearing.

15.11.2010

Mr. Sahib Khan, Advocate for applicant.

Syed Meeral Shah, D.P.G for the State.

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            Through this application, applicant Karim Bux Chandio seeks post arrest bail in Crime No.462 of 2008 of Police Station Dadu for offence U/Ss: 302, 324, 114, 337-F(iii), 337-H(2) and 34 PPC.

            The allegation against the present applicant is that he alongwith other accused caused fire arm injury to the brother of complainant namely Wazir Ali, nephew Mashooq Ali alias Dolu and committed their murder. The accused also caused injuries to PW Sajan and made aerial firing.

            The motive of the incident as disclosed in the FIR is that there was a matrimonial dispute between the complainant party and accused and accused were issuing threats to take revenge from them.

            Learned counsel for the applicant contended that applicant is innocent and has nothing to do with the alleged offence; prosecution story is false and fabricated; co-accused Bahadur Chandio has been granted bail by the trial Court; applicant has been implicated due to previous enmity; 161 Cr.P.C statements of PWs were recorded after 22 days; PW Deedar Ali who is son of deceased Wazir Ali has sworn an affidavit whereby he has exonerated the applicant from the commission of offence, mashir Wazir Ali has also supported the version of PW Deedar Ali; during course of investigation co-accused Ali Hassan, Ghulam Hussain and Ghulam Rasool were found innocent and they were released U/s 497 Cr.P.C by police; the alleged gun was not recovered from the exclusive possession of the applicant but same has been foisted upon him; applicant is behind the bars since 27 months and the trial is not concluded as yet.

            Conversely, Syed Meeral Shah, D.P.G for the State vehemently opposed the bail plea of the applicant.

            Heard and perused the record.

            Upon a perusal of FIR, it appears that alleged incident had taken place on 5.10.2008 at 0800 hours and FIR was lodged on same day at 1130 hours. Name of the applicant transpires in the FIR. Per prosecution, he was armed with gun and committed the murder of Mashooq Ali by causing him fire arm injury. PWs have supported the prosecution version. Medical evidence also corroborates the ocular version furnished by the complainant. Gun which was alleged used in the commission of offence has been recovered from the applicant.

            In view of above, I am of the considered view that a prima facie case exists against the present applicant as prosecution has collected sufficient material against him. So far the affidavit of PW Deedar Ali is concerned whereby he exonerated the applicant from the commission of offence, if his evidence is excluded, even there is sufficient material against the applicant as the complainant and eye witneses have fully implicated the applicant and specific role with regard to the murder of deceased Mashooq Ali is attributed to him.

            For the foregoing reasons, I am of the considered view that bail application merits no consideration and same is accordingly dismissed.

            Above are the reasons of short order dated 15.11.2010.      

JUDGE

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