IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl.
Bail Application No.S-02 of 2022.
|
Date of hearing |
Order with signature of Judge |
1. For orders on office objection at Flag ‘A’
2. For hearing of Bail Application.
O R D E R.
14-02.2022.
Mr.Asif Ali Jatoi, Advocate
for Applicant.
M/s Ali GulAbbassi and Muhammad
ZohaibAzam Advocates for Mst. MusaratKhatoon daughter of deceased.
Mr.Aftab Ahmed Shar, Additional
Prosecutor General.
-.-.-.-
AMJAD
ALI SAHITO, J.- Through the
instant bail application, applicant/accused Wazeer Ahmed son of Khamisobycaste
Malikseeks post arrest bail in crime No. 155/2021, offence under sections302,
148, 149, 452 PPC registered at police stationAbad District Sukkur. Prior to
this, applicant/accused filed such bail application before the Court of learned
Additional Sessions Judge-III/MCTC-II Sukkur, who has dismissed the same vide
order dated 12-10-2021 and the said order has been assailed before this Court.
2. The
details and particulars of the F.I.R. are already available in the bail
application and F.I.R., same could be gathered from the copy of F.I.R. attached
with such application, hence needs not to reproduce the same hereunder.
3. It
is, inter-alia, contended by the learned counsel that applicant/accusedis
innocent and has falsely been implicated in this case; that name of
applicant/accused does not transpire in the FIR but during investigation he has
been arrested on the statement of one Mst. MusaratKhatoon recorded with the
delay of about 13 days and the statement of other witness was recorded with the
delay of 23 days as such applicant/accused is entitled for grant of bail.
4. On
the other, learned D.P.G for the State with the assistance of learned counsel
for the victim has vehemently opposed for grant of bail on the ground victim
Mst. MusaratKhatoondaughter of deceased has implicated the applicant/accused in
her statement recorded by the police and the crime weapon was recovered from applicant/accused
and there is ample evidence against the applicant/accused collected during
investigation to connect him with the commission of murder of Mst.
HidayatKhatoon as such he is not entitled for concession of bail.
5. I
have heard learned counsel for the parties and have gone through the material
available on the record with their assistance.
6. From
perusal of record it reflects that the case of prosecution is that on the day
of incident complainant along with his elder brother Ali Asghar ad paternal
nephew Mehtab Ali after performing Juma Prayer entered into the house and saw
that Mst. HidayatKhatoon was lying on the ground and blood was oozing from her
body and she disclosed that nominated accused in the FIR namely Qaimuddin,
Sharafuddin and Badshah along with two unknown persons have committed her
murder. After registration of FIR investigation was conducted and statement of
Mst. MusaratKhatoon daughter of deceased Mst. HidayatKhatoon was recorded in
which she has implicated the present applicant/accused Wazeer Ali being real
maternal uncle and given the detail of
incident and submits that in her presence the present applicant/ accused Wazeer
Malik along with his brothers has made firing upon her mother deceased Mst.
HidayatKhatoon. The other witnesses also implicated the applicant/accused in
their statements. During course of investigation CCTV footage was collected by
the police in whichapplicant/accused was shown to be present and escaping from
the place of vardat.Learned counsel for the applicant has failed to point out
any ill will or malafide on the part of complainant to falsely involve the
applicant/accused in the commission of offence. It is well settled principle of
law that at the bail stage only tentative assessment is to be made. It seems
that the applicant/accused is involved in the heinous offence and his case scarily
flaws within the prohibitory clause of section 497 Cr.P.C.
7. In
view of above discussion, learned counsel for the applicant/accused has failed
to make out a good case for grant of bail in the light of sub section (2) of
Section 497 CrPC, therefore, the applicant/accused is not entitled for
concession of bail and same is dismissed accordingly.
8. Needless,
to mention that the observations made herein above are tentative in nature and
would not prejudice the case of either party at trial.
Judge
Irfan/P.A