IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Bail Application No.S-637 of 2020
Shoukat Ali Memon
V/S
The State
Applicant: Through Mr. Muhammad Shareef
Ghanghro, Advocate
a/w the applicant present on bail.
State: Through Mr. Muhammad Noonari,
Deputy Prosecutor General.
Date of hearing: 08.03.2021
Date of Decision: 08.03.2021
O R D E R
Zulfiquar Ali Sangi, J.- By means of this bail application, applicant Shoukat Ali son of Muhammad Pathan Memon seeks pre-arrest bail in the case, emanating from F.I.R. No.64 of 2020, registered at Police Station Naudero, for offence under sections 302, 311, 34 P.P.C. after his plea for pre-arrest bail has been declined by the learned Additional Sessions Judge, Ratodero by dismissing his application vide Order dated 07.09.2020.
2. Brief facts of the case are that on 22.06.2020 at 1700 hours, complainant ASI Mumtaz Ali Jarwar of Police Station Naudero has lodged the report at Police Station Naudero on behalf of the State as under:
“It is complaint that today I alongwith subordinate staff every one P.C. Zulfiquar Ali Shah, P.C. Ghulam Qadir Narejo in police uniform and having arm ammunition left Police Station for patrolling in Naudero town on motorcycles vide daily diary entry No.12 dated 22.06.2020 at 1200 hours, during patrolling from different places when at about 1500 hours, we reached in muhalla Garibabad near the house of Shahzado Memon, where we heard fire shots from the house of Shahazado Memon, thereafter, we immediately stopped our motorcycles and alighted, meanwhile we saw that accused everyone Shoukat ali son of Pathan Memon resident of Gharib Abad Naudero, 2) Shahazado son of Arbab Ali Memon, resident of Gharibabad muhalla and one unknown person came out from the house of Shahazado Memon and ran away, out of them accused Shoukat Ali having pistol in his hand while accused Shazado and unknown accused person were empty handed, the accused Shoukat Ali told while running away that they had killed sister Mst. Yasmeen wife of Shahazado Memon due to domestic annoyance / dispute, then we tried to arrest the accused person but they ran away in narrow street of Garibabad Muhalla, then we went inside the house of Shahzado Memon and saw that in courtyard of house Mst. Yasmeen was lying on ground and was fermenting being seriously injured, we saw her, she had sustained firearm injury at back of her head, blood was oozing and her brother Ali Dino took her to Naudero hospital for treatment, but she died, after getting conduct her postmortem through P.C Zulfiquar Ali Shah, now I appeared on behalf of the State and complain that the above named accused persons conspired with each other, have killed Mst. Yasmeen Memon aged about 40/42 years old, due to domestic dispute or under allegation of Karap, the unidentified accused was seen properly by us and could identify, if seen again. I am complainant mater be investigated.”
3. The learned counsel for the applicant has mainly contended that the applicant is innocent and has been falsely implicated by the complainant in this case due to some ill will; that there is no material evidence against the applicant for his involvement in the commission of the alleged offence; and, that the applicant has been falsely implicated in this case by the police with malafide intention. The learned counsel prays for confirmation of interim pre-arrest bail earlier granted to the applicant.
4. The learned Deputy Prosecutor General opposed the confirmation of bail on the ground that the applicant is named in the F.I.R. and he was seen with pistol by the police while coming from the door of the house, where the incident took place. He further submitted that the applicant is not able to make out a case for his confirmation of bail.
5. Admittedly there is no eye witness of the incident as per F.I.R. Ali Dino who has also joined as an accused in the case, at first instance took the injured to hospital to save her life where she was died, it is not understandable that a person who wants to kill deceased had brought her at hospital to save her life. Another version of the same incident was brought on record by the brother of applicant namely Arshad Ali, who filed application under section 22(A)(B) Cr.P.C before the Justice of Peace for registration of F.I.R. of the same incident and then filed a Direct Complaint under section 200 Cr.P.C. Record further reflects that complainant (ASI Mumtaz Ali) has immediately registered the F.I.R. after two hours of the incident and he has not even waited for the legal heirs of the deceased as to whether they want to register the F.I.R. or not. Record further reflects that statements under section 161 Cr.P.C. of Zameer Hussain, Abdul Jabbar and Muhammad Pathan were recorded on 04.07.2021 after 14 days of the incident and such delay in recording their statements has also not been explained even the said witnesses are not mentioned in the F.I.R. that they were present at the time of incident. Considering the above facts, I am of the view that case against the applicant is one of further enquiry, entitling him to the concession of pre-arrest bail, therefore, interim pre-arrest bail granted to the applicant vide order dated 10.12.2020 is hereby confirmed on the same terms and conditions.
6. The observations made hereinabove are tentative in nature only for the purpose of deciding the instant bail application, which shall not, in any manner, influence the learned Trial Court at the time of final decision of the subject case.
The instant Criminal Bail Application stands disposed of.
JUDGE
Manzoor