IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail Appln. No. S – 500 of 2021

Applicants : Mubarak Ali S/o Dur Muhammad, Hakim Ali S/o Dur Muhammad

and Asif S/o Moula Bux, through Mr. Ali Raza Kalwar Advocate

Complainant : Mst. Gul Khatoon

Through Mr. Muhammad Aslam Gadani Advocate

Respondent : The State

Through Mr. Aftab Ahmed Shar, Additional PG for State along with Dr. Abdul Rauf Mahar, Medical Officer, Taluka Hospital, Ghotki

Dated of hearing: 27.09.2021

Date of order : 27.09.2021

O R D E R

AMJAD ALI SAHITO, J – Through instant bail application, the applicants/accused seek post-arrest bail in Crime No.33 of 2021 registered at Police Station Adilpur, District Ghotki for an offence punishable under Sections 324, 337-F(i), 337-F(v), 403, 147, 148 and 149 PPC. The bail plea of the applicants/accused has been declined by learned I-Additional Sessions Judge (MCTC), Ghotki vide order dated 18.05.2021.

2. The facts of the prosecution case briefly stated are that on 28.03.2021, complainant Mst. Gul Khatoon lodged her report at Police Station Adilpur that one Dur Muhammad Malik had leveled the allegation of illicit relations of his daughter Mst. Budhi with her (complainant’s) son Yaseen and in lieu thereof he used to demand the hands of two girl, which she refused to him, as such he issued threats to her (complainant). It is alleged that on 27.03.2021, she along with her husband Khair Muhammad and brother Nawab left for Khanpur Mahar for personal work, it was about 3:30 pm, they reached near village Allahdad Siyal, all of a sudden, they were confronted by accused each Dur Muhammad, Mubarak with Pistols, Hakim, Asif with lathies and one unknown person with gun. Out of them, accused Dur Muhammad gave hakal and said that son of Khair Muhammad is their Karo and instigated his accomplices to kill him. Saying so, accused Dur Muhammad with intention of murder made straight pistol fire upon Khair Muhammad which hit on his right leg ankle below knee; accused Mubarak also made fire with his pistol upon Khair Muhammad, which hit him on his right leg ankle below the knee, who cried and collapsed on the ground; that accused Hakim and Asif also caused lathi blows on his left leg ankle, back, right hand thumb and mouth. They (complainant) raised cries, which attracted the passerby, hence on seeing them, all the accused persons went-away. Thereafter, the injured Khair Muhammad was shifted to Taluka Hospital Ghotki and then he was referred to Sukkur, leaving the injured under treatment, she appeared at Police Station and lodged the FIR as stated above.

3. Learned counsel for the applicants/accused contends that the applicants/accused are innocent and have falsely been implicated in this case by the complainant due to malafide intentions and ulterior motives; that the role assigned to the applicants/accused as per FIR that they have caused firearm injuries to the injured Khair Muhammad from their pistols, whereas, the version of the complainant as setout in the FIR is not supported by the medical officer, who has opined that the injuries have been caused by hard and blunt substance; that there is delay of one day in lodgment of the FIR for which no plausible explanation has been furnished by the complainant; that the applicants/accused are in jail since last 06 months and the challan of the case has been filed, hence they are no more required for the purpose of further enquiry. He lastly contends that the applicants/accused may be enlarged on bail.

4. Learned counsel for the complainant prayed for dismissal of instant bail application by contending that the applicants/accused are nominated in the FIR with specific role and they have actively participated in the commission of the offence by causing firearm injuries to the injured Khair Muhammad; that only tentative assessment is to be made by the Courts while deciding the bail application.

5. Learned Additional PG recorded no objections for grant of bail to the applicants/accused on the ground that since the complainant has stated that the firearm ijuries were caused to the injured Khair Muhammad, whereas, as per medical certificate the nature of weapon used in the offence was hard and blunt substance, as such facts is also ascertained by the Dr. Abdul Rauf Mahar, Medical Officer, Taluka Hospital, Ghotki, who is present in Court today.

6. I have heard the learned counsel for the applicants/accused, learned counsel for the complainant and DPG for the State and perused the material available on record. Admittedly, there is delay of one day in lodgment of the FIR for which no plausible explanation has been furnished by the complainant. It is settled principle of law that every person has right to get the justice with clean hands. The ocular version furnished by the complainant that the injured Khair Muhammad has received firearm injuries, whereas, the medical officer has opined the kind of weapon used in the commission of the offence as hard and blunt substance, as such there is contradiction in the ocular and medical evidence with regard to the kind of weapon used in the offence. In pursuance of notice, the medical officer is present in Court and produced X-Ray plates and reports which show that the injured has not received firearm injury. The applicants/accused are in jail since last 06 months and challan of the case has been submitted, they are no more required for the purpose of investigation. In such circumstances, the applicants/accused have made-out a case for grant of bail in view of Sub-section (2) of Section 497 Cr.P.C. Consequently, the instant bail application is allowed and the applicants/accused are enlarged on bail subject to furnish solvent surety in the sum of Rs.25,000/- (Twenty five thousand) each and PR bond in the like amount to the satisfaction of trial Court.

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

Judge

ARBROHI