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