IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Bail Application No. S–183 of 2021

 

            Applicant                   :           Liaquat Ali s/o Sadaruddin Shaikh,

through Mr. Liaquat Ali Malano, advocate

 

            Respondent              :           The State, through Mr. Aftab Ahmed Shar

                                                            Additional Prosecutor General

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Date of hearing        :           23.08.2021

Date of order             :           23.08.2021

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O R D E R

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ZAFAR AHMED RAJPUT, J.-                Having been rejected his earlier criminal bail application bearing No.1824 of 2020 by the learned Sessions Judge, Ghotki vide order, dated 07.01.2021, applicant Liaquat Ali s/o Sadaruddin Shaikh through instant criminal bail application seeks pre-arrest bail in crime No. 365/2020 registered at P.S. A-Section, Ghotki under sections 324 & 34, P.P.C. He was admitted to interim bail by this Court vide order, dated 25.03.2021, now he seeks confirmation of the same.

 

2.         Briefly stated, the prosecution case as per aforementioned F.I.R., lodged by complainant Mst. Rukhsana are that, on 14.12.2020 at about 0830 hours, the present applicant along with other two co-accused, in furtherance of common intention, attempted to commit qatl-e-amd of Shaukat Ali, the brother of complainant, by causing him fire shot on his right leg. As per F.I.R. both the parties are relative inter se and the accused party was annoyed with said injured on his coming in their home and passing through their street.

 

3.         Learned counsel for the applicant contends that the applicant is innocent and has falsely been implicated in this case; that after thorough investigation the Investigating Officer submitted his report under section 173, Cr.P.C. for the disposal of the case under “B” clause but the learned Judicial Magistrate declined the said report by directing the Investigating Officer to submit challan against the accused; that applicant has already challenged the MLC of injured Shaukat Ali before the Medical Board where the said injured failed to mark his appears on three consecutive dates; therefore, the Medical Board has kept the MLC in abeyance; that as per report of Medical Officer, the alleged injury falls within purview of section 337-F(iii), P.P.C., which is punishable only for three years and since there was single fire injury on non-vital part of the body of the injured, the application of section 324 P.P.C. calls for further enquiry.

 

4.         On the other hand, learned Additional Prosecutor General opposes the instant application on the ground that since there is sufficient evidence with the prosecution to connect the present applicant with commission of the alleged offence, he is not entitled to the concession of bail.

 

5.         Heard learned counsel for the applicant as well as learned Additional Advocate General and perused the material available on record with their assistance.

 

6.         The alleged incident is stated to have taken place on 14.12.2020 at about 0830 hours, while F.I.R. has been lodged on 17.12.2020 at 1820 hours, with un-explained delay of three days; hence, the presumption of consultation and deliberation, so also malice and ulterior motive, for lodging of F.I.R. cannot be ruled out. It is an admitted position that the Investigating Officer, after investigation, submitted his report for cancellation of case under “B” class of the Police Rules on finding the applicant innocent; however, the Judicial Magistrate concerned, vide order dated 29.01.2021, did not approve such report. It is also an admitted position that the MLC of injured Shaukat Ali, issued by the MLO, has been kept in abeyance by the Medical Board constituted by the D. G. Health Services, Sindh on the application of the applicant. It is also an admitted position that the alleged injury is on non-vital part of the body of said injured, which has been declared by the MLO as “Jurh Ghayr-jaifa Mutalahima”, which is liable to daman and punishable for imprisonment for three years as ta’zir, under sections 337-F(iii), P.P.C., which does not fall within prohibitory clause of section 497, Cr.P.C. Had it been intention of the applicant to commit murder of the injured then there would have been injuries on vital part of the body; hence, it is yet to be seen if applicant, in circumstances, had any intention to commit murder of the injured and such question could only be determined at trial. As such, case of the applicant is covered under sub-section (2) of section 497, Cr. P.C., requiring further inquiry into his guilt.

 

7.         Besides, it may be observed that the applicant was granted interim pre-arrest bail by this Court on 25.03.2021 and, admittedly, he has not misused the concession of interim pre-arrest bail and he is attending the trial Court regularly. Under the circumstances, the interim pre-arrest bail granted to applicant is confirmed on the same terms and conditions.

 

8.         Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the trial Court while deciding the case of the applicant on merits. In case applicant tries to misuse the concession of bail in any manner, it would be open for the trial Court to cancel his bail after issuing him the requisite notice.  

 

Instant Criminal Bail Application stands disposed of.

 

                                                                                   

JUDGE

 

 

N.M.