IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1^stCriminal Bail Application No. S- 480of 2020

Applicant:                                 Shahid son of Zahid Hussain Khuhawar, through Mr. Mazhar Ali Mangan

Complainant:                            Haji Muhammad Mithal, Through, Mr. Bakhtiar Ahmed, Advocate.

The State :                               Through Mr. Muhammad Noonari, Deputy Prosecutor General.

Date of hearing:                        01-02-2021

Date of order:                           01-02-2021

O R D E R

ZULFIQAR ALI SANGI,J.-        Through this bail application applicant Shahid Khuhawar seeks his post arrest bail in CrimeNo.19/2018, registered at Police Station Taluka Larkana, for offenceunder sections 324,109,506/2,34,337-H(ii)PPC. Earlier applicant was granted pre arrest bail by learned trial court however, the applicant/accused jumped the bail. Thereafter, after his arrest he preferred post arrest bail application which was declined by learned VthAdditional Sessions Judge/Larkana vide order dated 11.09.2020.

2.  As per F.I.R, the allegation against the present applicant/accused Shahid is that he duly armed with pistol alongwith co-accused alleged to have attempted to commit “Qatl-e-amd” of Abdul Lateef by causing him fire arm injury on his different parts of body.

3.       Learned counsel for the applicant contended that co-accused Allan alias Ali Bux has already been granted bail by this Court, therefore, the rule of consistency is also applicable in the case of present applicant/accused. He further contended that medical certificate has been issued to the injured which is simple in nature and punishment provided for the injuries is up-to 03 years, therefore, applicant/accused may be granted bail in view of rule of consistency.

4.       Learned D.P.G assisted by learned counsel for the complainant submit that applicant is specifically nominated in the F.I.R, with role of causing direct firing to PW- Abdul Latif as such Section 324 PPC is fully applicable. They further submitted that applicant/accused after grant of pre-arrest bail, has jumped the bail and remain fugitive from law and remained absconder for about two and half years, hence he has lost mercy of the court as he has misused the concession of bail. As such this bail application may be dismissed.

5.       Heard learned counsel for the parties and peruse the material with their able assistance.

6.       Perusal of record reveals that on merits applicant/accused Shahid was admitted on pre arrest bail by learned trial court vide order dated 20.3.2018, but he jumped the bail and remained fugitive from law/ absconder for about two and half years w.e.f 20.3.2018 to 16.8.2020. When confronted regarding long abscondence of the applicant, learned counsel for the applicant could gave evasive reply and could not satisfy the court.Moreover, the applicant/accused Shahid has been implicated by the complainant and the eye witnesses of the case who stated that in their presence applicant being armed with pistol had directly fired at injured Abdul Lateef and medical evidence is also consonances with ocular account.The applicant misused the concession of bail which was granted to him by the trial court and remained fugitive from law without any plausible explanation. It is wettled law that a person, who is fugitive from law and absconder from justice, is not entitled for the concession of bail. Reliance can be placed on the case of Awal Gul V. Zawar Khan and others (PLD 1985 S.C 402). Accordingly, in the given facts and circumstances, the applicant is not entitled for grant of bail. This bail application is hereby dismissed.

J U D G E

Syd Ashfaq/-