ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-320 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

07.09.2020

Mr. Shahbaz Ali Brohi, Advocate for the applicant

                        Mr. Mashkoor Hussain Unar, Advocate for complainant

Mr. Muhammad Noonari, Deputy Prosecutor General

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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 committing trespass into house of complainant Hazoor Bux, not only committed Qatl-e-Amd of Karimdad by causing him fire shot injuries but caused fire shot injuries to PW Mst.Manzooran, with intention to commit her murder and then went away by making aerial firing to create harassment, for that the present case was registered.

2.        The applicant on having been refused post-arrest bail by learned 1^st Additional Sessions Judge/MCTC, Shikarpur, has sought for the same from this Court by way of instant application under section 497 Cr.P.C.

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 in order to satisfy its old enmity with him; the identity of the applicant under the light of bulb is weak piece of evidence; the role attributed to the applicant in commission of the incident is only to the extent that he caused fire shot injuries to PW Mst.Manzooran; co-accused Saifoo alias Saifal and Gul Meer have already been admitted to bail by learned trial Court. By contending so, he sought for release of the applicant on bail on point of further enquiry and consistency. 

4.        Learned D.P.G. for the State and learned counsel for the complainant have opposed to grant of bail to applicant by contending that the applicant has actively participated in commission of the incident by causing fire shot injury to PW Mst.Manzooran with intention to commit her murder and then has remained in absconsion for noticeable period.

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

6.        The identity of the applicant is based under the light of bulb which is weak piece of evidence and the role attributed to him in commission of the incident is only to the extent that he caused fire shot injury to PW Mst.Manzooran. PW Mst.Manzooran as per final medical certificate has sustained two fire shot injuries on her body. One is bailable while other is non-bailable. Which injury to Mst.Manzooran is attributed to the applicant? It is not specified. The parties are already disputed and co-accused Saifoo alias Saifal and Gul Meer have already been admitted to bail by learned trial Court. In these circumstances, the guilt of the applicant is calling for further inquiry. 

7.                In case of Mitho Pitafi vs. The State (2009 SCMR-299), it has been by the Honourable Apex Court that;

“Bail, grant of---Co-accused was released on bail by the Trial Court, but the concession of bail was declined to the accused petitioner on the ground that he was fugitive from law---High Court as well as the Trial Court had rejected the bail of petitioner on account of his absconsion and not on merits---Validity---Bail could be granted, if accused had good case for bail on merits and mere his absconsion would not come in the way while granting him bail---High Court had not appreciated the facts and circumstances of the case in its true perspective while declining bail to the petitioner”.

8.                    In view of the facts and reasons discussed above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.200,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

9.                    The instant application is disposed of accordingly.

                                                                               J U D G E