IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Bail Application No. S-519 of 2021

                                   

 

            Applicant                  :           Imamuddin s/o Qaiser Bullo, through

                                                            Mr. Anwer Ali Lohar, advocate

           

            Complainant            :           Imamuddin s/o Daraz Khan Bullo,

                                                            through Mr. Aijaz Ahmed 1. Puno, advocate

                                                                           

            Respondent              :           The State, through Mr. Sardar Ali Shah,

                                                            Deputy Prosecutor General, Sindh

                                                               

            Date of hearing        :           23.09.2021 

            Date of order            :           23.09.2021

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                                                          ORDER

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ZAFAR AHMED RAJPUT, J.-       Applicant/accused Imamuddin Bullo on being unsuccessful in getting the concession of post-arrest bail from the Court of I-Additional Sessions Judge-1, (MCTC), Ghotki in Sessions Case No. 243 of 2020, vide order dated 13.03.2021, through the instant application seeks the same concession from this Court in Crime/FIR No. 46 of 2020, registered under sections 302, 147, 148, 149, P.P.C. at Police Station “B”-Section, Ghotki.

 

2.         As per FIR, on 13.09.2020 at about 01:30 a.m., present applicant, along with co-accused Qadirdad @ Abdul Qadeer Bullo, Abdul Hayee Bullo and two unidentified accused persons, duly armed with guns, having formed an unlawful assembly and in prosecution of common object of such assembly, the applicant and co-accused Qadirdad committed qatl-i-amd of Muhammad Hashim, 22, an army man and the nephew of the complainant, by causing guns shots/injury to him, for which, the accused were booked in the instant case. Motive behind the alleged murder was annoyance of the accused party at the deceased, as he forbade them from sitting in front of his house one day before the alleged incident.     

 

3.         After hearing the learned counsel for the applicant, complainant, D.P.G and perusing the material available on record with their assistance, it appears that the applicant is nominated in the FIR by name with specific role of causing gunshot injury to the deceased on his abdomen through and through. The applicant is the neighbor of the complainant party; hence, there would hardly be any element of mistaken identification even in the odd hours. The ocular account is fully supported with medical evidence. Enmity between the parties is an admitted fact. Besides the complainant, there are two other eye-witnesses who have fully connected the applicant with commission of alleged offence, which falls within the prohibitory clause of section 497, Cr. P.C.  

 

4.         Much stress has been given by the learned counsel for the applicant on nineteen hours delay in lodgment of FIR. It has been stated in the FIR that after the incident, the injured was taken to Pano Aqil Cantonment for treatment where he succumbed to his injuries, thereafter, his dead body was brought at Taluka Hospital Ghotki where post-mortem was conducted and after performing funeral ceremony, the complainant lodged the FIR; hence, plausible explanation prima facie is available on record for the alleged delay. Even otherwise, delay in lodging FIR is not ipso facto a ground for the grant of bail.   

 

5.         From the tentative assessment of the evidence in hands of prosecution, I am of the view that prima-facie sufficient evidence is available against the applicant to connect him with the commission of alleged offence, carrying punishment for death and imprisonment for life. Every hypothetical question which could be imagined would not make it a case of further enquiry simply for the reason that it could be answered by the trial Court subsequently after evaluation of evidence.

 

6.         As a result of above discussion, the instant application is dismissed. The above observations are tentative in nature for the disposal of bail application and shall not influence the trial Court while deciding the case on merits.

 

JUDGE