IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-11 of 2022

Applicant: Ghulam Mustafa, through

Mr. Wazir Ali Mahar, Advocate

Complainant: Nemo

State: Through Mr. Zulfiqar Ali Jatoi,

Additional Prosecutor General

Date of hearing: 11.02-2022

Date of Decision: 11.02-2022

O R D E R

ZULFIQAR ALI SANGI, J.- Through this bail application, applicant/ accused Ghulam Mustafa son of Dilbar Mahar, seeks his pre-arrest bail in FIR No.413/2010, registered at Police Station Ghotki, u/s 302 and 311 PPC. Earlier his same plea was declined by the learned Sessions Judge, Ghotki vide order dated 07.10.2010.

2. As per FIR the allegation against the present applicant is that he had fired from pistol upon Ms.t Amna and committed her murder by declaring her as ‘Kari’

3. Learned counsel for the applicant has contended that the FIR was registered with false facts and malafide intention; that that applicant has not committed any offence as alleged in the FIR; that there is contradictions in between ocular and medical evidence; that the mother and father of the deceased have filed their affidavits and exonerated the applicant; that due to fear of his murder the applicant had shifted to Punjab and now approached this court for protection of law. Lastly he prayed that the interim pre-arrest bail already granted to the applicant may be confirmed.

4. Learned A.P.G. has contended that the applicant is nominated in the FIR with specific role and there is only one accused (present applicant) who has committed the murder of Mst. Amna; that earlier his bail application was dismissed by learned Sessions Judge Ghotki in the year 2010 and he remained absconder for about 11 years as such he deserved no leniency and his bail application may be dismissed. He also submits that his custody may be handed over to I.O of the case as if he is not arrested and taken into custody again he will abscond away and case will not proceed.

5. I have considered the arguments advanced by learned counsel for the respective parties and have gone through the material available on the record with their able assistance.

6. Admittedly the applicant is nominated in the F.I.R with specific role that he declared Mst. Amna as ‘Kari’ and had straightly fired upon her with the result she had died. After FIR the applicant has approached the learned Sessions Judge Ghotki for pre-arrest bail and same was dismissed on 07.10.2010 and applicant has not placed on record any plausible explanation of his such long absconsion. Since direct role has been assigned to the applicant and only one accused (present applicant) is nominated in the FIR and in absence of any plausible explanation in respect of his absconsion he is not entitled for concession of pre-arrest bail which is an extra ordinary relief and can only be granted to the innocent person or to the person to whom some malafide has been assigned against the prosecution which are missing in the present case. It is well settled principal of law that the court has to make tentative assessment while deciding the bail application and deeper appreciation of evidence is not permissible at bail stage.

7. In these circumstances; I am of the considered view that there is sufficient material available with the prosecution which connects the applicant with the offence. Accordingly, this criminal bail applications stands dismissed and the order dated 14.01.2022 whereby the applicant was granted interim pre-arrest bail, is hereby recalled and at the request of learned APG he is taken into custody handed over to Additional SHO PS A-Section Ghotki namely Nisar Ahmed, who is present in court.

8. 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.

JUDGE

Suleman Khan/PA