IN THE HIGH COURT OF SINDH AT KARACHI

 

Criminal Bail Application No. 359 of 2018

 

Haji Ishaq………..………………………………...…………………..Applicant

 

Versus

 

The State……………………………….…………..……………….Respondent

 

Date of Hearing & Short Order :    11.09.2018

 

Mr. Abdul Shakoor Abbasi, advocate for applicant

Mr. Qadir Bux Jarwar, advocate for complainant

Mr. Tali Ali Memon, APG for State

 

 

O R D E R

 

 

Fahim Ahmed Siddiqui, J: The applicant Haji Ishaq is present on ad-interim pre-arrest bail granted to him vide Order dated 08-03-2018 in a case registered at PS Makli, District Thatta vide FIR No. 138/2017 u/s 302, 337-A(i), 147, 148, 149, 114 and 504 PPC. The said FIR was lodged by complainant Rahim Bux Gandro, in which the applicant’s anticipatory bail was declined by Additional Sessions Judge-I, Thatta through Order dated 23-02-2018, as such applicant approached this Court. Nevertheless, after initial hearing he succeeded in getting ad-interim relief which was granted to him without touching merits through above referred order and now the instant bail application is fixed before me for final disposal.

2.                            I have heard the arguments advanced from either side and perused record produced before me. After getting enlightened from the valued submissions made at bar and scanning the record, I have observed as under:

(a)          The allegations against the applicant are that the applicant has instigated the co-accused Yousuf, who caused fatal blow to the deceased Salim (brother of complainant) with a hammer due to which he fallen down. The other accused also caused injury to the deceased through the respective tools used by them in a stone quarry.

(b)          The only allegation against the applicant is that he instigated the co-accused for causing murder of the deceased.

(c)          The motives for the incident is that the complainant and accused party are interested to work in a stone quarry for collecting and selling stones and ballast made from the stones. It appears that the complaining party was insisting upon to work at the same place, which triggered the happening of incident.

(d)          Within the body of FIR, no overt act has been assigned to the applicant saved to investigation, which in the peculiar circumstances of the case seems hardly possible.

(e)          In the instant case, co-accused, who is the principal accused of the incident, has been arrested while the role assigned to the applicant is meagre in nature.

(f)           The applicant has taken a defence plea regarding his non-availability on the said date/time at the place of incident.

(g)          In the peculiar circumstances of the case when there is only allegation of instigation, the present case is a fit case for further probe. The applicant is said to be a male member of family, for whom it is claimed that he is an old man. The applicant, who is present in Court and by his physique and appearance, it is verifiable that he is an old man.

(h)          Being the elder of his family and on account of aforementioned enmity, it can be said that the case of anticipatory bail is likely to be extended to the applicant because false involvement cannot be ruled out.

3.                            In view of the above discussion, it is my considered opinion that a case of bail has been made out as such the earlier order of granting ad-interim relief of pre-arrest bail is hereby confirmed on the same terms and condition.

4.                            It is pertinent to mention here that the applicant has to appear before the trial Court. If he fails to do so, the trial court will be competent to take every action against the applicant including cancellation of bail to the applicant and appropriate action against his surety.

5.                            These are the reasons for short order passed on 11.09.2018.

 

J U D G E