IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-525 of 2021

Date of hearing

Order with signature of Judge

1. For Orders on office objection.

2. For hearing of bail application.

O R D E R.

27-01-2022.

Mr. Imtiaz Hussain Shahani, advocate for applicant.

Mr. Manzoor Hussain Halepoto, advocate for complainant.

Mr. Aftab Ahmed Shar, APG for the State.

AMJAD ALI SAHITO J., Through instant Application applicants/accused Siraj Ahmed Solangi seeks pre-arrest bail in Crime No. 48/2021, offence registered at police Station Kumb, District Khairpur. Prior to this, his pre arrest bail application was turned down by learned IInd Additional Sessions Judge Khairpur vide order dated 12-08-2021, hence instant bail application.

2. The details and particulars of the FIR are already available in the bail application and FIR, same could be gathered from the copy of FIR attached with such application, hence, needs not to reproduce the same hereunder.

3. Learned counsel for applicant/accused contended that that applicant/accused is innocent and has falsely been implicated in this case by the complainant with mala fide intentions and ulterior motives; that there is inordinate delay of about 24 days in lodging the FIR and such delay has not been explained; that injuries attributed to the applicant/accused are on non-vital parts of body of injured, which requires evidence; that case has been challaned and applicant is no more required for further investigation, therefore, he pray for confirmation of interim pre-arrest bail.

4. On the other hand, learned DPG for the State assisted by learned counsel for the complainant have vehemently opposed for the grant and confirmation of bail to the applicant/accused on the ground that he is nominated in the FIR with specific role of causing firearm injury to injured with intention to commit his murder.

5. I have heard learned counsel for the parties and have gone through the material available on record.

6. Perusal of FIR reveals that delay in lodging the FIR has properly been explained by the complainant in the FIR as after the incident injured was brought at police station, where from the letter was obtained and injured was shifted to RHC Kotdiji, wherefrom he was referred to Civil Hospital Khairpur and then referred to GIMS Hospital Gambat for better treatment, hence the delay is properly explained by the complainant. Perusal of FIR shows that PC Saeed Ahmed had taken the mobile phone from Altaf Hussain nephew of the complainant for some days, but on its demand, PC Saeed Ahmed was annoyed. On 28-02-2021 when complainant along with his brother Mir Muhammad and Nephew Altaf Hussain were available at Tumrani Hotel Hussaini Shah situated near FFC Godown Deh Arbab Machii village No.1, it ws about 0930 hours, when accused PC Saeed Ahmed, PC Siraj Ahmed and PC Sharafuddin armed with TT pistols and fired upon Altaf Hussain with intention to commit his murder, who sustained firearm injuries, which shows that applicant/accused along with co-accused are nominated in the FIR with specific role, as they duly armed with deadly weapons fired with their respective weapons upon injured Altaf Hussain with intention to commit his murder. During investigation, the investigating officer has recorded the 161 Cr.P.C statements of PWs, who have fully supported the version of the complainant. Moreover, learned APG for the State pointed that after registration of FIR, applicant/accused Siraj Ahmed Solangi is placed under suspension and co-accused Saeed Ahmed Solangi is dismissed from the service by Senior Superintendent of Police Khairpur and in this regard an enquiry has been assigned to DSP/SDPO Kotdiji. The ocular evidence finds support from the medical evidence. Sufficient material is available on record to connect the applicant/accused with the commission of offence. At bail stage only tentative assessment is to be considered and deeper appreciation of evidence is not warranted by law. Nothing has been brought on the record to shown any ill-will or malafide on the part of the complainant or IO of the case, which is basic requirement for grant of pre-arrest bail. In this regard, I am fortified with the case law of Hon'ble Supreme Court of Pakistan [2019 SCMR 1129] wherein the Hon'ble Supreme Court of Pakistan has held as under:-

''Grant of pre-arrest bail is an extra ordinary remedy in criminal jurisdiction; it is diversion of usual course of law, arrest in cognizable cases; a protection to the innocent being hounded on trump up charges through abuse of process of law, therefore a petitioner seeking judicial protection is required to reasonably demonstrate that intended arrest is calculated to humiliate him with taints of mala fide; it is not a substitute for post arrest bail in every run of the mill criminal case as it seriously hampers the course of investigation----the principles of judicial protection are being faithfully adhered to till date, therefore, grant of pre-arrest bail essentially requires considerations of malafide, ulterior motive or abuse of process of law."

7. It seems that the applicant/accused is involved in the commission of offence by causing injuries to the nephew complainant with intention to commit his murder, who has sustained five firearm injuries at the hands of applicant/accused and co-accused, therefore his case scarily flaws within the prohibitory clause of section 497 Cr.P.C.

8. In view of above discussion, learned counsel for the applicant/accused has failed to make out a good case for grant of pre arrest bail in the light of sub section (2) of Section 497 CrPC, therefore, the applicant/accused is not entitled for any concession, hence his pre arrest bail application is rejected and interim bail already granted to them vide order dated 26-08-2021 is hereby recalled.

9. Needless, to mention that the observations made herein above are tentative in nature and would not prejudice the case of either party at trial. Office is direction to place a signed copy of this Order in captioned connected matter.

J U D G E

Nasim/P.A