IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail Appln. No. S – 602 of 2021

Applicant : Talib Hussain S/o Muhammad Yousif, Mallah

through Mr. Irshad Hussain Dharejo Advocate

Complainant: Khursheed Metlo,

Through Mr. Habib-ur-Rehman Shaikh Advocate

Respondent : The State

Through Mr. Aftab Ahmed Shar, Additional PG for State

Dated of hearing: 11.10.2021

Date of order : 11.10.2021

O R D E R

AMJAD ALI SAHITO, J – Through instant bail application, the applicant/accused seek pre-arrest bail in Crime No.225 of 2021 registered at Police Station ‘B’ Section Khairpur for an offence punishable under Sections 324, 337-H(ii), 148 and 149 PPC. The bail plea of the applicant/accused has been declined by learned II-Additional Sessions Judge, Khairpur vide order dated 27.08.2021.

2. The facts of the prosecution case briefly stated are that on 02.08.2021, complainant Khursheed Metlo lodged his report at Police Station ‘B’ Section, Khairpur alleging therein that he had purchased land beside his village from one Khan Muhammad, on which accused Talib Hussain and party was annoyed and they used to threaten for returning the said land. It is alleged that on 31.07.2021, he (complainant) along with his father Munawar Ali and maternal-cousin Muhammad Nadeem were going on motorcycle, when it was 7:00 pm reached near Al-Yousif Marriage Hall, they saw accused Talib Hussain (present applicant), Rashid Ali, Ali Hassan, Gul Hassan, Ghulam Hyder, they all took-out pistols, out of them accused Talib Hussain (present applicant) asked them that so many times we have demanded from you to return the purchased land of his relatives, but you did not obey, saying so, accused Talib Hussain made direct pistol shot upon his father Munawar Ali, which hit on his right shoulder, which hit him and he raised cries and fell-down, while rest of the accused in order to create harassment made aerial firing, due to cries and firearm reports, the neighbourers gathered there, hence the accused persons escaped-away. Thereafter, the injured Munawar Ali was taken to police station ‘B’ Section Khairpur and after getting letter for treatment, he was shifted to Civil Hospital Khairpur, leaving him there under treatment, he (complainant) appeared at Police Station and lodged the FIR as stated above.

3. It is contended by learned counsel for the applicant/accused that he is innocent and has falsely been implicated in this case by the complainant due to malafide intentions and ulterior motives over the dispute on landed property; that there is delay of 03 days in lodgment of the FIR without any plausible explanation; that the injury sustained by the injured Munawar Ali has been declared as “Jurh Ghayr Jaifah Mutalahimah”, punishable u/s 337-F(iii) PPC, which carries maximum punishment upto three years, hence does not fall within the prohibitory clause of Section 497 Cr.P.C; the challan of the case has been filed, hence he is no more required for the purpose of further investigation; that the police has wrongly applied Section 324 PPC, as the ingredients of the same do not attracted from the facts of the FIR. He lastly contends that the interim pre-arrest bail already granted to the applicant/accused may be confirmed on same terms and conditions.

4. Conversely, learned counsel for the complainant as well as learned Additional PG prayed for dismissal of instant bail application by contending that the applicant/accused is nominated in the FIR with specific role and he has actively participated in the commission of the offence by causing firearm injuries to the injured Munawar Ali; that only tentative assessment is to be made by the Courts while deciding the bail application.

5. I have heard the learned counsel for the parties and perused the material available on record. There is delay of 03 days in lodgment of the FIR for which no plausible explanation has been furnished by the complainant. The name of the applicant/accused is transpiring in the FIR with the role that he made fire from his pistol which hit on the right arm shoulder of injured Munawar Ali, whereas, the injury sustained by the injured has been declared as “Jurh Ghayr Jaifah Mutalahimah” punishable u/s 337-F(iii) PPC, which carries maximum punishment upto 03 years, hence does not fall within the prohibitory clause of Section 497 Cr.P.C. The applicability of Section 324 PPC would be determined at the trial. The challan of the case has been submitted hence the applicant/accused is no more required for the purpose of further investigation. In such circumstances, the applicant/accused has made-out a case for grant of pre-arrest bail in view of Sub-section (2) of Section 497 Cr.P.C. Consequently, the instant bail application is allowed and the interim pre-arrest bail already granted to the applicant/accused vide order dated 21.09.2021 is hereby confirmed on same terms and conditions. The applicant/accused is directed to regularly attend the trial Court, in case of failure, the trial Court is at liberty to take action in accordance with law.

7. The observations made hereinabove are tentative in nature and will not prejudice the case of either party at the trial.

Judge

ARBROHI