ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH
AT SUKKUR
Cr. Misc. App. No. D – 388
of 2019
Date
of hearing |
Order with
signature of Judge |
For hearing of
main case
21.01.2020
Mr. Ali Raza
Baloch, Advocate for applicant / complainant.
Mr. Shabbir Ali
Bozdar, Advocate for respondent No.2 / accused.
Mr. Shafi Muhammad
Mahar, Deputy Prosecutor General.
.-.-.-.-.-.-.-.-.-.-
Through the instant Criminal
Miscellaneous Application, applicant / complainant Daud Khan Rajper seeks
cancellation of the bail granted to respondent / accused Shakeel Ahmed by
learned Judge, Anti-Terrorism Court, Naushahro Feroze vide his order dated 30.05.2019.
2. Learned counsel for the applicant /
complainant contended that deceased was the media person and he had flashed
news against respondent / accused Shakeel Ahmed; that deceased was attacked by
the accused persons under his influence. It is further argued that learned
trial Court dismissed pre-arrest bail application on 20.05.2019 and recalled
interim pre-arrest bail granted to the respondent / accused. It is further
argued that within 10 days in hasty manner, post-arrest bail was granted to him
by trial Court. It is submitted that learned trial Court was not justified to
grant post-arrest bail to the respondent / accused without sound reasons. Learned
counsel for applicant / complainant lastly prayed
for cancellation of the bail granted to the respondent / accused by the learned
trial Court.
3. Mr. Shabbir Ali Bozdar, learned
advocate for the complainant, assisted by Mr. Shafi Muhammad Mahar, DPG, argued
that respondent Shakeel was not present at the time of incident. It is further
argued that allegation of instigation / conspiracy requires evidence. It is submitted
that concession of the bail, which has been extended to the respondent, has not
been misused by accused. Lastly, it is submitted that most of the evidence has
been recorded before the learned trial Court, and Criminal Miscellaneous
Application is without merit.
4. We have carefully heard the learned
counsel for the parties and perused order dated 30.05.2019 passed by learned
trial Court. Trial Court vide order dated 30.05.2019, has granted post-arrest
bail to respondent / accused for the following reasons:
“Heard learned counsel
for the applicant/accused, learned APG for the State assisted by learned
counsel for the complainant and perused the police papers. It is a case of
prosecution that applicant/accused time and again issued threats to deceased of
his murder through co-accused Habib Rajpar, but no such complaint was made by
the deceased with police. The motive shown by the prosecution that deceased has
published reports of the public complaints against the applicant/accused being Chairman Town
Committee Padidan. The I.O has collected only three press reports published in
newspaper Daily Awami Awaz of general allegations regarding sanitary and low
standard material used in construction work, but no allegation of corruption
has been leveled against applicant/accused.
Admittedly neither applicant/accused was available at spot at the time of
commission of offence nor complainant or any witness has stated during the
course of investigation that in their presence applicant/accused made abatement to co-accused Habib Rajpar. The
investigation officer has collected CDR of cell phone of applicant/accused
which also shows that he has not remained in contact with main accused Habib
Rajpar. Admittedly applicant/accused is elected Chairman of Town Committee
Padidan, therefore, his involvement in the FIR due to political rivalry cannot
be ruled out. At this stage applicant/accused
has made out case for further inquiry, as such he is allowed bail subject to
furnishing solvent surety in the sum of Rs.100,000/- and P.R bond in the like
amount.”
5. Admittedly, after grant of bail,
concession of the bail has not been misused by the respondent / accused. There
is nothing on record to show that respondent / accused has attempted to temper
with the evidence of the prosecution witnesses. Allegation against respondent /
accused is of instigation / abetment. Admittedly, he was not present at the
time of incident. Trial Court has granted bail to respondent / accused by sound
reasons. There is no merit in the
application for cancellation of the bail, particularly in the
circumstances when the trial is in the progress.
6. This Criminal Miscellaneous Application
is without merit, and the same is dismissed.
However, learned trial Court is directed to decide the case expeditiously.
J U D G
E
J U D G
E
Abdul Basit