ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail.Appln.No.S-257 of 2021.

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DATE                                      ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

22.11.2021

                        Mr. Zafar Ali Malgani, Advocate for the applicant.

                        Mr. Abdul Ghaffar, A.P.G for the State

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IRSHAD ALI SHAH, J;- It is alleged by the prosecution that the applicant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, caused fire shot injuries to complainant Nisar Ahmed, PWs Hussain Ali and Mithal, with intention to commit their murder, for that the present case was registered.

                        On having been refused pre-arrest bail by learned Sessions Judge, Jacobabad, the applicant has sought for the same from this Court by way of instant application u/s. 498 Cr.PC.

                        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant in order to settle his transport rivalry with the applicant and others; the FIR of the incident has been lodged with delay of about two days and the injury sustained by PW Mithal which is attributed to the applicant is not on vital part of his body; therefore, the applicant  is entitled to grant of pre-arrest bail on point of further enquiry and malafide.

                        Learned A.P.G for the State has opposed to grant of bail to the applicant by contending that he has actively participated in commission of the incident by causing fire shot injury to PW Mithal.         

                        I have considered the above arguments and perused the record.

                        The name of the applicant is appearing in FIR with specific allegation that he with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, went over to the complainant party and then caused fire shot injuries to complainant and his witnesses only to satisfy with them their transport rivalry. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the complainant party. The delay in lodgment of the FIR has been explained plausibly in FIR itself, the same even otherwise could not be resolved by this Court at this stage. No doubt, the injury sustained by PW Mithal on his left leg is non vital part of his body, but gravity of the offence as a whole could not be lost sight of. There appears reasonable ground to believe that the applicant is guilty of the offence for which he has been charged. No case for grant of pre-arrest bail in favour of the applicant is made out. Consequently, the instant bail application is dismissed.

JUDGE