ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Bail Application No.S-346 of 2014
|
Date |
Order with signature of Judge |
For hearing of
bail application
13-08-2018
Mr.
Ali Gul Abbasi, Advocate for applicant
Mr.
Mir Afzal Hussain Talpur, APG
.-.-.-. -.-.-.-.-.-.-.-.-
O R D E R
Amjad Ali Sahito, J. Applicant Abdul Salam is present on interim bail and
matter is fixed for confirmation or otherwise.
2. Brief
facts of the prosecution case are that on 13.04.2014 at evening time
complainant along with his son Waheed Ali and nephew Shamsuddin were present in
the house at about 7.00 p.m when complainant party saw and identified to be
accused Muhibullah, Saeed , Abdul Razzak duly armed with TT pistols , Nadir ,
Inayatullah and three unidentified accused armed with guns came there. Accused
Mohibullah abused to complainant party that today they will not spare them and
would commit their murder on refusal of hand, wile sayig so accused Saeed fired
upon complainant Rehmatulah and accused Muhibullah fired upon son of
complainant namely Wheed with pistols which hit the complainant on abdomen and
left arm and Waheed sustained firearm injury on the thigh of left leg. On cries
and fires shot of pistols, PWs Deedar, Naveed and villagers came running there
and accused fled away by making aerial fining. Thereafter complainant and injured
brought were at police station by the witness and after obtaining letter for treatment they appeared at civil hospital from where complainant
was referred to Hira Hospital Sukkur and injured Wheed Ali was referred to
Civil Hospital Larkana. After getting medical treatment complainant appeared at
Police station and lodged FIR.
3. Learned
counsel for the applicant/accused contends that applicant/accused is innocent
and has falsely been involved in this case by the complainant due to previous dispute
over matrimonial affairs; that there is delay of about eight days in lodging of
FIR which has not been explained by the complainant; that the statement of
injured witness Waheed Ali is
contradicted to complainant where
injured waheed Ali alleged for causing injury to him and his father complainant
by accused Mohibullah; that during investigation applicant was found innocent
and his name was kept in column-II and subsequently in reinvestigation he was arrayed as an
accused; that as per statement of PW
Waheed Ali the present applicant is assigned general role of aerial firing
which requires further inquiry. He lastly concluded that the applicant/accused
is regularly attending this Court as well as trial Court and has not misused
the concession of interim bail granted to him, therefore he prayed for
confirmation of bail.
4. Learned
APG opposed the confirmation of bail and submitted that applicant/accused is
nominated in the FIR with specific role of firing and the offence falls within
the prohibitory clause of Section 497 Cr.P.C.
5. I have heard
learned counsel for the parties and perused the material available record.
Perusal of record reveals that the incident had occurred on 13.04.2014 at 7.00 pm
and was reported at Police Station on 21.04.2014 at 5.30 p.m hence there
appears delay of eight days in lodging the FIR. Enmity has been admitted by
complainant in the FIR. After investigation
name of the present applicant was kept in column-II of the challan, however, in
reinvestigation he was arrayed as an accused. Learned counsel for the applicant
filed true copy of order dated 19.12.2017 passed by Additional Sessions Judge
Gambat, which shows that complainant party compounded the offence with accused
Mohibullah and he been acquitted u/s 345(6) Cr.P.C. Progress report called from
the learned trial Court reveals that applicant/accused is attending the Court
regularly, charge has been framed and matter is fixed for evidence. The
applicant/accused is attending this Court as well as trial Court regularly and
there is no allegation of misusing the concession of bail, therefore, I am of
the considered view that applicant/accused has been able to make out the case
for confirmation of bail. Accordingly, instant bail application is allowed and
interim bail granted to applicant/accused vide order dated 23.06.2014 is
confirmed on the same terms and conditions.
JUDGE
Suleman Khan/PA