ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Bail Application No. S- 171 of 2021
1.
For Orders on office objection.
2.
For hearing of bail application
17-05-2021.
Syed
Tanveer Abbas Shah, advocate for applicant.
Mr.
Mushtaq Ahmed Kolachi, advocate for legal heir of deceased Imam Bux.
Syed Sardar Ali Shah Rizvi, Deputy
Prosecutor General.
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Irshad Ali Shah, J;- It
is alleged that the applicant with rest of the culprits in furtherance of their
common intention committed murder of Mst. Izatan and Imam Bux by strangulating
their throats, after declaring them to be “Karo
Kari”, for that the present case was registered.
2. The applicant on having been refused
post-arrest bail by learned Additional Sessions Judge/(MCTC), Ubauro, has
sought for the same from this Court by way of instant bail application under
Section 497 Cr.P.C.
3. It is contended by learned counsel for
the applicant that applicant being innocent has been involved in this case
falsely by the police; no postmortem has been conducted over the dead body of
Mst. Izatan, the relatives of both of the deceased have come with different
version by making separate applications u/s 22-A & B Cr.P.C for lodgment of
their own FIRs; therefore, the applicant is entitled to grant of bail on point
of further inquiry.
4. Learned DPG for the State and learned
counsel for legal heir of deceased Imam Bux have opposed to grant of bail to
the applicant by contending that he has actively participated in commission of
incident by committing death of Mst. Izatan by strangulating her throat and
then through his relatives has prevented the officers on duty from conducting
postmortem report on her dead body. In support of their contention, they relied
upon cases of Ahmed etc Vs. The State
(NLR 1987 Criminal 597) and Bashir Ahmed Vs. The State (2004 P.Cr.L.J 1326).
5. I have considered the above arguments
and perused the record.
6. The FIR of the incident has been lodged
by ASI Rasool Bux Chandio of PS Khenju on behalf of the State. He apparently
was having no reason to have involved the applicant in this case falsely at the
cost of lives of two innocent persons. The relatives of the deceased might have
made different version of the incident by making separate applications u/s 22-A
& B Cr.P.C for lodgment of their own FIRs, but filing of such applications has
got no bearing on the facts and circumstances of the present case, which after
its cognizance is pending trial before the Court having jurisdiction, for the
reason that deeper appreciation of facts and circumstances is not permissible
at bail stage. The dead body of Mst. Izatan was brought at hospital for post
mortem and as per inquiry report; it was taken away by her relatives forcibly
without postmortem, obviously to defeat the investigation. By such act no
benefit could be extended to the applicant in shape of his release on bail. It
is a double murder case; its gravity could not be ignored or over looked at
this stage for the reason that it has been committed under the garb of “Karap”. It would be premature to say
that the applicant being innocent has been involved in this case falsely by the
police. On the contrary there appear reasonable grounds to believe that the
applicant is guilty of the offence, with which he is charged. No case for grant
of bail to the applicant is made out. Consequently, the instant bail
application is dismissed with direction to learned trial to expedite disposal
of very case preferably within three months, after receipt of copy of this
Order.
Judge
Nasim/Steno.