ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Appl No.S-184/2018

Date

               Order with signature of Judge

           

                                                                         

                                    For orders on office objection

                                    For hearing of bail application                                         

 

 

03.09.2018

 

Mr. Shoukat Ali Makwal, Advocate for applicants

Mr. Afzal Hussain Talpur, APG.

                                     

                             *****************

 

Amjad Ali Sahito, J. Through instant bail application, applicants Hamadullah, and Mulkat alias Kulko seek pre-arrest bail in crime No. 30/2018, an offence punishable u/s: 302, 120-B PPC, registered at Police station Mirwah. Earlier, their bail application was declined by learned Additional Sessions Judge Mirwah vide order dated: 22.03.2018.

 

2.                        Precisely, prosecution case is that on 26.02.2018 at 2000 hours applicants along with co-accused in collusion with each other by making conspiracy have done to death baby Sanferoze, the daughter of co-accused Hazar Khan by causing her firearm injuries, while co-accused Asadullah has fired upon himself on thigh of his left leg in order to take revenge and falsely involve the other party namely Jamaluddin and others due to dispute over agriculture land. Complainant ASI Ghulam Nabi lodged instant FIR on behalf of the State.  

 

3.                        Learned counsel for the applicants contends that case is false and applicants have been implicated in this case in order to usurp the agricultural land of applicants party; that there is unexplained delay of about three days in lodgment of the FIR; that baby Sanferoze has been murdered by Jamaluddin and others by causing her firearm injuries and also caused injury to co-accused Asadullah. He further contended that co-accused Hazar Khan tried to lodge his FIR, but in vain and on the contrary, the complainant has falsely involved the applicants and co-accused in the murder case of baby Sanferoze, through baby Sanferoze is the daughter of co-accused Hazar Khan. Lastly, he prayed for confirmation of interim pre-arrest bail to the applicants.

 

4.                        On the other hand, learned APG appearing for the State vehemently opposed the bail application on the ground that due to dispute in between Jamaluddin and applicants over agricultural land the applicant in order to falsely implicate them have committed murder of baby Sanferoze by causing her firearm injuries by cooking up the story of the murder of a said baby. He further contended that applicants/accused are nominated in the FIR and complainant after a thorough investigation, has implicated the applicants and their accomplices.

 

5.                        Heard the arguments and perused the record. As per FIR, applicants along with their accomplices in collusion with each other by making conspiracy brutally committed murder of one innocent baby Sanferoze by causing her firearm injuries in order to take revenge from the other party viz Jamaluddin and others. Furthermore, medical evidence has confirmed the version of the complainant and belied the version of accused persons. As per medico-legal certificate of injured Asadullah, the possibility of self-suffered fire arm injury could not be ruled out. Applicants have brutally committed murder of innocent girl aged about of 9/10 years and such offence falls within the prohibitory clause of section 497 Cr.PC. PWs have supported the version of the complainant party.

 

6.                        Furthermore, it is settled proposition of law that concession of pre-arrest bail is always extended in the case of mala fide and ulterior motives on the part of complainant/prosecution to save innocent people from their unjustified arrest and humiliation at the hands of police, but learned counsel for the applicants have failed to bring on record any material to believe that they have  falsely been involved due to malice or ulterior motives of the complainant or they have not committed the alleged offence.

 

7.                        Considering the above facts and circumstances, applicants/accused have failed to make out their case for grant of bail, as there is sufficient material available on record to connect them with the commission of the alleged offence. Hence I do not find a fit case for grant of bail to the applicants, therefore, the pre-arrest bail application No. 184/2016 is dismissed and resultantly, interim pre-arrest bail earlier granted to the applicants vide order dated: 09.03.2018 is hereby recalled.

 

                                                                                                            JUDGE     

                                                           

 

 

 

 

 

Sajjad