ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Bail Application No.S-775 of 2020
|
Date |
Order with signature of Judge |
1.
For
orders on office objection at flag `A`
2.
For
hearing of bail application
Dated
of hearing: 18.02.2021
Mr. Muhammad Aslam Gadani, Advocate for the
applicants/accused
Mr. Ali Asghar K.Panhyar, Advocate for
complainant
Mr. Shafi Muhammad Mahar, DPG
O R D E R
Nazar Akbar,J: Through instant bail application, applicants/accused
Abdul Salam @ Salam and Ghous Bux, seek post-arrest bail, in Crime No.248/2020,
registered at Police Station A-Section Ghotki, under sections 302, 324, 114,
147, 148, 149, 337-A(i), 337-F(i), 337-L(ii) PPC. Prior to filing of present
bail application, the applicants/accused approached the court of sessions with
same plea, which has been declined by the learned IV-Additional Sessions Judge
Mirpur Mathelo, vide order dated 09.11.2020.
2. It
is alleged that the applicants/accused along with rest of the accused, caused
injuries with lathies to complainant Khuda Bux, his son Gahi Khan, PW Mumtaz ,
PW Mukhtiar and PW Ayaz on different
parts of their bodies. Complainant’s son
Gahi Khan succumbed to injuries and died in the hospital, as such the instant
FIR was registered on 01.09.2020.
3. Learned
counsel for the applicants/accused has mainly contended that the present applicants/accused
Abdul Salam and Ghous Bux were not alleged to have caused injuries to the deceased Gahi Khan and
they were alleged to have caused lathi blows to PWs Mumtaz, Ayaz and
complainant Khuda Bux which were simple in nature as per medico legal
certificates, as such the applicants/accused are entitled for concession of
bail. Learned counsel for the applicants in support of his contentions relied
on the case law reported as Khiyal Saba
and another v. The State and others (2020 SCMR 340).
4. Learned DPG and learned counsel for the complainant opposed
the bail plea contending that a human
being has lost his life in the incident and offence falls within prohibitory
clause of section 497Cr.P.C.
5. I
have given due consideration to the submissions made by learned counsel for the
respective parties and perused the record.
6.
As per contents of FIR the applicant/accused Abdul Salam has caused lathi blows
to complainant near his right side eye brow as well as caused latthi blows to PW
Mumtaz at his right arm while applicant/accused Ghous Bux caused lathi
blows to PW Ayan Ali on his nose and right eye which were certified to be
caused by hard and blunt substance. There is no allegation against both the
applicants/accused that they have caused any injury to deceased Gahi Khan. In
these circumstances the case of applicants/accused calls for further enquiry and
the applicants/accused have successfully made out a case for post-arrest bail.
Therefore, the applicants/accused are admitted to post-arrest bail subject to
furnishing solvent sureties in the sum of Rs.100,000/- (rupees one hundred
thousand) each and PR bond in the like amount to the satisfaction of the trial
court.
7. Needless
to state that observations made here-in-above are tentative in nature and will
not cause prejudice to the case of either party at the time of final decision
of subject sessions case.
JUDGE
Suleman Khan/PA