ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH
AT SUKKUR
Cr. Bail
Application No. S-527 of 2017.
Date |
Order with signature of Judge |
Present
Mr. Justice Amjad
Ali Sahito.
Applicants: 1. Manzoor Hussain son of Qadir
Bux, bycaste Panhwar,
Resident of village Tagro Ripri,
Taluka Gambat, District
Khairpur.
2. Imdadullah.
3. Sajjadullah.
4. Hamadullah.
All
sons of Attaullah, bycaste Panhwar, Resident of Mohalla Shahbaz Colony, Kumb, Taluka Kotdiji, District Khairpur.
5. Abdul Khaliq son of Abdul Razzaque, bycaste Panhwar, R/O village Tagro Ripri, Taluka
Gambat, District Khairpur.
Mr.
Muhammad Ali Napar advocate for applicants.
Cr. Bail
Application No. S-84 of 2018.
Applicants Ahmed Ali
son of Abdul Rehman, Bycaste
Panhwar, R/O village Tagro Ripri, Taluka Gambat,
District Khairpur.
Mr.
Muhammad Ali Napar advocate for applicant.
Respondent. The State.
Mr.
Syed Ali Aamir Shah advocate for complainant.
Mr. Syed Sardar Ali Shah Rizvi, Deputy
Prosecutor General.
Date
of hearing. 10-09-2018.
O R D E R.
.-.-.-.-.-.-.-.-.-.-.-.-.
AMJAD ALI
SAHITO, J.-
By this single Order, I intend to dispose of the captioned bail
applications arising out of one and same crime. Bail Application No.S-527/2017
is directed against the order dated 30-08-2017 passed by learned IVth Additional Sessions Judge Khairpur, whereby the
Pre-Arrest Bail Application of the applicants/accused Manzoor
Hussain, Imdadullah, Sajadullah,
Abdul Khaliq and Hamadullah
was dismissed. The Bail Application No.S-84/2018 is directed against the order
dated 30-08-2017 whereby the Pre-Arrest Bail Application of applicant/accused Ahmed
Ali Panhwar was dismissed by the same Court.
2.
Briefly,
the facts of the prosecution case are that complainant Muhammad Azam Tariq lodged the F.I.R. on 13-06-2017 alleging therein
that on the day of report he along his brother Tahir
aged about 20/22 years, cousin Abdul Rasheed and his
another brother Muhammad Tayyab were going to his
lands. It was about 7-30 pm, when they reached at his land, where they saw and
identified accused Naeemullah armed with SBBL gun, Manzoor Panhwar, Irshadullah, Imdadullah, Inamullah, Alisher, Ghulam Murtaza, Ghulam Muhammad armed with TT pistols and Sajadullah came there. While coming
accused Naeemullah pointed his gun and threatened the
complainant party not to move, otherwise he will kill them. then
accused Sajadullah instigated accused Naeemullah to kill Muhammad Tahir,
who fired upon Muhammad Tahir, who sustained the fire
shot, cries and fell down. Then all the accused persons escaped away from the
spot by making aerial firing. Complainant saw that his brother Muhammad Tahir succumbed to the injuries and died at the spot.
Ultimately complainant appeared at PS and lodged the above said F.I.R.
3. It is, inter-alia, contended by
the learned counsel for the applicants/accused that applicants/accused are
innocent and have falsely been implicated in this case due to dispute over the
landed property, which is admitted by the complainant in the FIR; that all the
witnesses are closely related to the complainant and there is no any
independent witnesses has been sighted by the complainant; that mere presence
of the applicants/accused has been disclosed by the complainant in the F.I.R.
and no any specific role has been attributed by the complainant against the
applicants/accused; that co-accused Irshadullah has
been granted post arrest bail by the learned trial Court and case of
applicants/accused stands on same footing to that of co-accused, who has been
released on bail and they are also entitled for concession of bail.
4.
On the other, learned counsel
for complainant has argued that applicants/accused are nominated in the F.I.R.
as they along with co-accused Naeemullah duly armed
with deadly weapons with their common object came at the land of complainant
and committed the murder his brother Muhammad Tahir;
that F.I.R. has been promptly lodged by the complainant; that after
registration of F.I.R., I.O has recorded 161 CrPC
statements of PWs, who have fully supported the version of complainant. Lastly
he prayed for dismissal of instant bail applications.
5.
Learned Deputy
Prosecutor General has conceded the bail plea of the applicants/accused on the
ground that co-accused Irshadullah has been granted
bail by the learned trial Court against whom the same allegation of presence at
the scene of offence is leveled by the complainant in the F.I.R.
6.
I have considered the
submissions of the learned counsels for the applicants/accused, learned counsel
for the complainant, learned APG for the State and have gone through the
material available on the record with their assistance.
7.
Perusal of record
shows that mere presence of the applicants/accused has been shown by the
complainant in the F.I.R. and no specific role has been attributed against
them. Enmity of complainant with applicants/accused over the landed property
has been admitted by the complainant in the F.I.R. and complainant has thrown
the net much wider to catch the as many as accused persons. Moreover, the case
of applicants/accused stands on same footing to that of co-accused Irshadullah, who has been granted post arrest bail by
learned trial Court, therefore, the case of applicants/accused also requires
for further enquiry and they are also entitled for concession of same relief.
8.
In view of above, the
interim pre arrest bail already granted to the applicants/accused is confirmed
on same terms and conditions and the above instant pre arrest bail applications
stand disposed of accordingly.
9.
Needless, to mention
that the observations made herein above are tentative in nature and would not
prejudice the case of either party at trial.
Judge
Nasim/P.A