IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Bail Application No.S-54 of 2022
|
Date of hearing |
Order with signature of Judge |
For
hearing of bail application.
O R D E R.
11-02-2022.
M/s
Ubedullah Ghoto and Naeemuddin Chachar, advocates for applicant.
Mr.
Manzoor Ahmed Soomro, advocate for complainant.
Syed Sardar Ali Shah Jilani,
APG for the State.
AMJAD ALI SAHITO J., Through instant Application applicant/accused Lal
Khan Mirani seeks pre-arrest bail in Crime No. 01/2022, offence u/s 324, 427,
147, 148, 149 PPC registered at Police Station Andal Sundarani, District Ghotki.
Prior to this, pre arrest bail application filed by the applicant was turned
down by learned Ist Additional Sessions Judge/(MCTC) Ghotki vide order dated 01-02-2022,
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 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 2 days
in lodging the FIR and such delay has not been explained; that injuries attributed by the applicant/accused to
the injured Shah Nawaz t his nose, left hand and right left, which have been
declared by the medical officer as Shujah-e-Hashima, Ghyr-e-Jaifah Hasmisha and
Ghyr-e-Jaifah Damiyha; that the medical certificate has been managed and the
same has also been challenged by the
co-accused; that name of the applicant/accused does not transpire in the
roznama entry which was kept prior to lodging the FIR; that case requires for
further investigation, therefore, he pray for confirmation of interim
pre-arrest bail. He placed his reliance on case reported as Ajmaeen Khan and 8 othes Vs. The State (2007 YLR 1817) Karachi, Ali Athar Vs. The State and another ( 2013 P.Cr.L.J 487 and Huzoor Bux and
another Vs. The State (2016 P.Cr.L.J 59.
Sindh (Larkana Bench).
4. On the
other hand, learned APG 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 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 as after the incident injured was brought at police station, where
from the letter was obtained and injured was shifted to Taluka Hospital Ghotki,
wherefrom he was referred to Sukkur for better treatment, hence the delay is
properly explained by the complainant. The allegation against the
applicant/accused Lal Khan is that he caused butt blow of the pistol to Shah
Nawaz at his nose, left hand and right leg with intention to commit his murder.
The 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 Shah Nawaz Mumtaz Ali and Shabbir with
intention to commit their murder. During the course of investigation,
the investigating officer has recorded the 161 Cr.P.C statements of PWs, who
have fully supported the version of the complainant. The ocular evidence found
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 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 03-02-2022 is hereby
recalled. The facts and circumstances of the case law relied upon by learned
counsel for the applicant/accused are quite distinguishable, hence the same are
not helpful while deciding the instant Crl. Bail Application.
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