IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-422 of 2018

Applicant               :                Akbar son of Sultan Khokhar

Through Mr.Habibullah Ghouri, Advocate

State                    :                  Through Mr.Raja Imtiaz Ali Solangi, A.P.G.

Date of hearing   :                  12.09.2018

Date of order      :                  12.09.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, by using criminal force, committed            Qatl-e-Amd of Ali Bux alias Allan and Safeer by causing them fire shot injuries and then went away by making aerial firing to create harassment, for that the present case was registered.

2.                On having been refused bail by learned 5^th Additional Sessions Judge, Larkana, the applicant has sought for the same from this Court by way of instant application under section 497 Cr.PC.

3.                It is contended by learned counsel for the applicant that he being innocent has been involved in this case falsely by the complainant party on account of enmity, no specific role of causing fire shot injuries to either of the deceased is attributed to the applicant, the separate FIR of the incident being Crime No.5/2014 of P.S Dokri has already been lodged by father of deceased Safeer wherein the name of the applicant is not taking place, the identity of the applicant under light of bulb is weak piece of evidence, the complainant and witnesses are related inter-se. By contending so, he sought for release of the applicant on bail as according to him his case is calling for further enquiry.

4.                Learned A.P.G has opposed to grant of bail to the applicant by contending that he has actively participated in commission of the incident by committing death of the deceased by firing at them indiscriminately and he after commission of the incident went in absconsion for a period spreading over five years.

5.                I have considered the above arguments and perused the record.

6.                The name of the applicant is appearing in the FIR with specific allegation that he with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, being armed with deadly weapons, committed Qatl-e-Amd of Ali Bux alias Allan and Safeer by causing them fire shot injuries and then went away by making aerial firing to create harassment, in that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the complainant party on account of enmity. No doubt, no specific injury to either of the deceased is attributed to the applicant but there could be made no denial to the fact that it was indiscriminate firing which allegedly was made by the applicant and others end in shape of death of two innocent persons. A separate FIR might have been lodged by father of deceased Safeer but for this reason, the applicant could not be admitted to bail in the present case, which has got separate facts and narration. The parties were known to each other, as such they identified each other properly even at night time under the light of bulb. The applicant after commission of the incident preferred to remain in absconsion for about five years, such absconsion on his part could not be lost sight of. The complainant and his witnesses may be related inter-se but their relationship is not enough to disbelieve them at this stage. There appear reasonable grounds to believe that the applicant is guilty of the offence for which he is charged.

7.                In view of above, it could be concluded that no case for grant of bail to the applicant is made out. Consequently, instant application is dismissed with direction to learned trial Court to expedite disposal of the case.

                                                                                             JUDGE

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