IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Applications No. S-151 of 2022

Applicant : Rustam Ali s/o Shah Alam Pitafi, through

Mr. Khan Muhammad Sangi, Advocate

Respondent : The State, through

Mr. Aftab Ahmed Shar, Addl. P.G.

Date of hearing : 06.06.2022

Dated of order : 06.06.2022

ORDER

ZAFAR AHMED RAJPUT, J: Through this Crl. Bail Application, a applicant/ accused named above seeks post-arrest bail in Crime No.125 of 2019, registered at P.S. Mirpur Mathelo, District Ghotki under sections 302, 201, 34 P.P.C. His earlier application for grant of same relief bearing No.388 of 2022 was heard and dismissed by the learned Additional Sessions Judge/MTCT, Ubauro, vide order dated 28.03.2022.

2. It is alleged that, on 14.09.2019 at 1330 hrs., ASI Ghulam Hyder Golo of P.S. Mirpur Mathelo, during course of investigation in Crime/F.I.R. No. 123/2019, registered on 13.09.2019 at P.S. Mirpur Mathelo under section 365-B, 147, 148, 149, P.P.C. for abduction of Mst. Soomal, received spy information that a dead body of a woman was floating in Masoo Wah (canal). He reached the pointed place and took the dead body out of the Canal, which was identified by one Ghulam Rasool Pitafi as of his niece Mst. Soomal, for that ASI Ghulam Hyder Golo lodged subject F.I.R. against the unknown accused persons on behalf of the State.

3. Having been heard the learned counsel for the applicant as well as learned Addl. P.G. and perusing the material available on record with their assistance, it appears that deceased Mst. Soomal had contracted marriage by exercising her free will with one Muhammad Bux Moosani, on that, the couple was declared as “Karo Kari”.

4. After investigation, the I.O of the present case submitted his report before Judicial Magistrate-II, Mirpur Mathelo for disposal of the case under “A” Class of Police Rules, but the Judicial Magistrate did not agree with the report and directed to S.S.P. Ghotki to assign the investigation to any other police officer not below the rank of DSP; thereafter, DSP Niaz Ahmed Farooqui conducted the investigation and he also recommended the case for disposal under “A” Class, the Judicial Magistrate approved such recommendation, vide order dated 09.05.2020. Subsequently, Mst. Anwar Khatoon, the mother of Muhammad Bux Moosani, filed Cr. Misc. Application No. 631 of 2021, under section 22-A(6) (i), Cr.P.C. before the Session judge/Ex. Officio Justice of Peace, Ghotki seeking directions to S.H.O. P.S. Belo Mirpur to record her statement and lodge the F.I.R., wherein she first time implicated present applicant with nine other co-accused for abduction of her son Muhammad Bux Moosani, which was heard and dismissed by the III^rd Addl. Session Judge Mirpur Mathelo/Justice of Peace, vide order dated 17.09.2021, Then Mst. Anwar Khatoon filed Crl. Misc. Application No. S-665 of 2021 wherein, on 20.01.2022, this Court directed to S.H.O. P.S. Belo Mirpur to record her statement; consequently, upon her statement F.I.R. bearing No. 05/2022, under section 364, 114, 148, and 149, P.P.C was recorded for abduction of her son Muhammad Bux Moosani; however, her said son is still missing. On 24.02.2022, the present applicant was arrested by the police in the instant crime. Thereafter, on 03.03.2022, Judicial Magistrate-II, Mirpur Mathelo recorded the statements of P.Ws. Wazeer Ahmed, Ali Bux and on Al Hyder, under section 164, Cr. P.C. in subject Crime i.e. F.I.R. No. 125 of 2019, wherein they deposed that, on 13.09.2019 at 08:00 p.m. at Railway Gate Mord, they saw Mehboob, Liaquat and the present applicant holding Muhammad Bux Moosani, and Nadir, Mithal and Ghulam Rasool drowning Mst. Soomal to death in Masoo Wah.

5. It appears that the applicant, a 77-year old man, is confined in judicial custody since day of his arrest i.e. 24.02.2022. The only evidence to connect him with the commission of alleged offence is the 164, Cr.P.C. statements of the said three P.Ws., which were recorded on 03.03.2022 after two years and six months of the alleged incident. P.Ws. Wazeer Ahmed and Ali Bux are, respectively, maternal uncle and real brother of Muhammad Bux Moosani, but surprisingly they did not make any hue and cry to save the life of deceased Mst. Soomal and to get free their nephew/brother Muhammad Bux Moosani wrongful restraint of accused persons and they remained silent for 30 months and did not disclose to police or any person in their family happening of alleged incident in a manner as described by them, which are sufficient factors requiring further inquiry into the guilt of the applicant, as contemplated under sub-section (2) of Section 497, Cr.P.C.

6. Accordingly, instant application is allowed, and in result thereof the applicant is admitted to post-arrest bail in aforesaid crime/offence subject to furnishing by him solvent surety in the sum of Rs. 1,00,000/- (Rupees One Lac only) and PR bond in the like amount to the satisfaction of the trial Court.

7. 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. However, in case the applicant misuses the concession of bail in any manner, the trial Court shall be at liberty to cancel the same after giving him notice, in accordance with law.

8. Above are the reasons of my short order dated 06.06.2022.

JUDGE

Faisal Mumtaz/PS