IN THE HIGH
COURT OF SINDH BENCH AT SUKKUR
Crl. Bail Application No.S-172 of
2022
|
DATE
OF HEARING |
ORDER WITH
SIGNATURE OF JUDGE. |
1. For orders on
O/objection at flag-A.
2. For hearing of bail application.
Date of
hearing 04.07.2022
Mr.
Ubedullah K. Ghoto Advocate for applicants.
Mr.
Manzoor Ahmed Soomro Advocate for complainant.
Mr. Shafi
Muhammad Mahar, DPG for State.
***************
O R D E R
SHAMSUDDIN ABBASI, J:- Through
this bail application, applicants Abdul Razak, Sono and Abdul
Latif seek Post-arrest bail in Crime No.01/2022, Police Station, Andal
Sundrani district Ghotki for offence punishable under Sections 324, 427, 148, 149 PPC, after
rejection of their bail plea by learned trial Court vide order dated 12.04.2022.
2. Briefly
stated the facts as Per FIR applicants armed with pistols came at the scene of
offence along with three other co-accused with
intention to commit murder of complainant party in the pretext of earlier
dispute. It is alleged in the FIR that applicant Abdul Razak caused fire armed
injury to injured Mumtaz on his right lower leg and applicant Sono caused butt
blows to injured Mumtaz on his head, whereas applicant Abdul Latif caused butt
blows to injured Bashir Ahmed on head and other parts of body. It is further
alleged that co-accused Lal khan also caused butt blows to Shahnawaz and they also
caused demage to their vehicle.
3. Learned
counsel for applicant contends that the applicants are innocent and they have
been falsely implicated in this case due to matrimonial dispute; that there is
inconsistency in the medical and ocular version; that offence does not come
within the ambit of Section 497 Cr.P.C; that there is delay of two days in
lodgment of FIR without plausible explanation. Lastly he prayed for grant of
bail.
4. On the other
hand, learned Deputy Prosecutor General assisted by learned counsel for
complainant has contended that delay has been well explained; that names of
applicants with specific role appeared in the FIR; that police recovered Pistol
from the possession of applicant Abdul Razzak which was sent to the ballistic
expert and positive report is available on record; that ocular version is corroborative
by the medical evidence and offence comes within the purview of Section 497
Cr.P.C. They prayed for dismissal of bail application.
5. Heard learned counsel for respective
parties and perused the material available on record. Admittedly, there is delay
of two days in lodgment of FIR and in background of enmity it cannot be ruled
out that FIR has been lodged after due deliberation and consultation. No doubt
that names of applicants appeared in the FIR with specific role for causing
injuries to injured Mumtaz and Basir Ahmed. From tentative assessment of
material available on record it appears that applicant Abdul Razzak caused fire arm injury
to injured Mumtaz on his right leg and applicant Sono caused butt blows to
injured Mumtaz on his head whereas applicant Abdul Latif caused butt blows to
injured Bashir Ahmed on his head and other parts of body. As per final
medico-legal certificate of injured Mumtaz has sustained four injuries, three are on skull while one is on his
right lower leg. As for medical certificate of injured Bashir Ahmed is
concerned, he has sustained seven injuries on different parts of body including
skull. Applicant party has challenged their provisional as well as final
Medical certificates before Medical Board. The Medical Board has examined injured
and given its opinion that injured Mumtaz Ali has sustained three injuries on
skull and these injuries are declared as
Shujjah-i-Khafifah which are bailable and punishable for two years with regard
to injury No.4 is concerned which is declared as incorrect by holding that
friendly handed injury cannot be ruled out. Per final medical certificate of
injured Bashir Ahmed, he has sustained seven injuries but medical board belied
seven injuries and declared that injured Bashir has sustained only three
injuries out of them two are declared as Shujjah-i-Khafifah which are bailable
and carries punishment for two years whereas injury No.3 is declared as Jurh
Ghyr Jaifah Munaqillah which is punishable for seven years. It is matter of
record that only single fire arm injury is attributed to applicant Abdul Razzak
is declared as incorrect by Medical Board and rest of two injuries were
declared as Shujjah-i-Khafifah which are bailable. Final medical cerificates
issued by M.L.O regarding number of injuries sustained by Bashir Ahmed also blied
by medical board.
6. Per opinion
of Medical Board wherein single fire arm injury is declared as incorrect has
made out case as doubtful and it is well settled position that benefit of doubt
can be extended at bail stage. Reliance is placed on case of Samiullah v/s
laiqzada (2020 SCMR 1115). Prima facie, question of applicability of section
324 PPC requires further inquiry within the meaning of Sub-Section (2) to
Section 497 Cr.P.C. The contention raised by learned counsel for complainant
that this Court has already refused pre-arrest bail to applicant Lal Bux
carries no weight for the reason that consideration for grant of pre-arrest
bail and post-arrest bail are entirely different as it has been held in a case
reported in 2013 SCMR 220. Case has been challaned and applicants are in
custody since 01.02.2022 and they are no more required for further inquiry. No
purpose would be served out to keep them incarceration for indefinite period. Accordingly, the application is allowed. The applicants Abdul
Razzak, Sono and Abdul Latif shall be released on bail subject to their furnishing
solvent surety in the sum of Rs.100,000/- each (Rupees One lac) and PR bond in
the like amount to the satisfaction of learned trial Court.
7. Needless to mention
here that the observations made hereinabove are tentative in nature and shall not influence the
trial Court for deciding the case of the applicants on merits and in case applicants try
to misuse the concession of bail in any manner, the trial Court shall be at liberty to
cancel the bail
after giving them the
requisite notice.
J
U D G E
Ihsan