IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-288 of 2018

Applicant               :                Rehmatullah s/o Haji Abdul Aziz Khoso

Through Mr.Habibullah Ghouri,   Advocate

Complainant       :                  Sunder Khan Khoso, through

Mr.Mumtaz Ali Brohi, Advocate

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

Date of hearing   :                  02.11.2018          

Date of order      :                  02.11.2018

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, committed Qatl-e-
Amd of Dilawar and Bakhtiar 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 post-arrest bail by learned 2^nd Additional Sessions Judge, Jacobabad, the applicant has sought for the same from this Court by way of instant application u/s. 497 Cr.PC.

3.                It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant party on account of previous enmity, there is delay of one day in lodgment of the FIR, co-accused Irfan has already been released on bail by learned trial Court. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.                Learned A.P.G and counsel for the complainant have opposed to grant of bail to the applicant by contending that he has actively participated in commission of the incident by causing fire shot injuries to deceased Dilawar and after incident he has preferred to go in absconsion. By contending so, they sought for dismissal of the instant application.

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, committed Qatl-e-Amd of Dilawar and Bakhtiar by causing fire shot injuries to them and then went away by making aerial firing to create harassment. The specific role of causing fire shot injuries to deceased Dilawar with Kalashnikov is attributed to the applicant. 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 at the cost of live of two innocent persons only to satisfy their enmity with him. The applicant has been attributed specific role of causing fire shot injury to deceased Dilawar with his Kalashnikov, such participation in commission of the incident on his part could not be lost sight of. It is true that there is delay of one day in lodgment of the FIR but it is explained in FIR itself, such delay even otherwise could not be resolved in favour of the applicant by this Court at this stage. The unexplained absconsion spreading over five years on the part of applicant could not be lost sight of. Co-accused Irfan has been released on bail by learned trial Court consequent upon keeping the case of the prosecution in abeyance. It was done on point of hardship. No such hardship the applicant has faced in trial. There appear reasonable grounds to believe that the applicant is guilty of the offence for which he is charged. 

7.                In view of facts and reasons discussed above, it could be concluded safely that the applicant is not found entitled to be released on bail, consequently, his application for his release on bail is dismissed.   

                                                                            J U D G E

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