IN THE HIGH COURT OF SINDH AT KARACHI

 

Criminal Bail Application No. 946 of 2018

 

Mashooq Ali Wassan………..…………………...…………………..Applicant

 

Versus

 

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

 

 

Date of Hearing & Short Order :    03.09.2018

 

 

Mr. Ihsan Ali Siyal, advocate for applicant

Mr. Ashiq Muhammad, advocate for complainant

Mr. Sagheer Abbasi, APG

 

O R D E R

 

 

Fahim Ahmed Siddiqui, J: The applicant is nominated in FIR No. 160/2018 under Section 324, 34 PPC lodged at PS Steel Town and his bail before arrest was declined by the Additional Sessions Judge-III, Malir, Karachi as such he filed the instant bail before arrest. After initial hearing he succeeded in getting ad-interim pre-arrest bail, which was granted without touching merits and today it is fixed before me for confirmation or otherwise.

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 is that the applicant along with other co-accused came at the plot of complainant and tried to restrain him from raising construction and on refusal, he firstly fired at complainant and after missing the same, he fired at injured witness Anwar Jokhio; thereafter he ran away with his associates. The injured witness received firearm injury on his leg and he was shifted to hospital for treatment and complainant lodged F.I.R.

(b)          The learned counsel of the applicant emphasize upon certain contradictions appearing in F.I.R. and witnesses statements recorded under section 161 CrPC but to my view such contradictions are minor and having no bearing on the prosecution case at this stage.

(c)          It is revealed from the record that the parties are already on disputation and the complainant has earlier lodged a complaint regarding highhandedness of the accused persons including demand of illegal money in respect of construction on his plot.

(d)          The learned counsel for the applicant also highlighted the previous dispute and animosity but it is a fact that the anonymity is a double-edged weapon, which cuts both way as such the same may provide a motive for the present incident.

(e)          The applicant is well nominated in F.I.R. with a specific role assigned by the complainant to him and alleged incident is said to be taken place in presence of witnesses.

(f)           It is not only allegation to use a firearm weapon by the applicant but factual matrix of the case indicates that the injured received firearm injury, as such recovery of crime weapon is a crucial aspect of the present case.

(g)          It is evident from the contents of F.I.R. that the accused party came to the place of complainant and none received injury from the accused side; therefore, at least at this stage presumption of aggression goes against the applicant.

(h)          The injured is present in Court on a wheelchair and record reveals that he received firearm injury and has undergone a surgery and plates are fixed to support the fractured bony structure in his leg.

(i)            According to prosecution, due to injuries suffered by the injured witness, 337-F (VI) has been added in the charge.

3.                            In the light of the above observations, I am of the considered view that no case of extra-ordinary relief of pre-arrest bail has been made out in favour of the applicant, as such the interim pre-arrest bail granted to the applicant through the earlier order of this Court is hereby recalled.

4.                            The above are the reasons for my short Order dated 03-09-2018.

                                                                                                            J U D G E