IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S-705/2021.

Crl. Bail Application No. S-825/2021.

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.

17-01-2022.

Mr. Amanullah G. Malik, Advocate for applicants/accused.

Mr. Aftab Ahmed Shar, Additional P.G.

AMJAD ALI SAHITO J., Through this common order, I intend to dispose of pre-arrest bail application filed on behalf of applicants/accused Sharafuddin and Qaimuddin both sons of Bhagyal and the second post arrest bail application filed on behalf of applicants/accused Muhammad Haneef and Badshah in crime No.155/2021, offence u/s 302, 148, 149, 452 PPC registered at police station Abad District Sukkur. Prior to this, the applicants/accused Sharafuddin and Qaim have filed such application for grant of pre-arrest bail and post arrest bail filed by co-accused, but the same were turned down by learned Additional Sessions Judge-III/MCTC-II Sukkur vide order dated 12.10.2021, hence they have filed 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 applicants submits that applicants are innocent and have falsely been implicated in this case due to previous enmity. He further contended that due investigation was conducted and all four accused were found innocent . Furthermore the ocular evidence does not find support from medical evidence as such the applicants/accused are innocent and the real culprit namely Wazeer Ahmed Malik regarding offence has been arrested by the police as such applicants/accused are no more required in this case; that after grant of interim pre-arrest, the applicants Sharafuddin and Qaimuddin have joined the investigation and they have not misused the concession of interim pre-arrest bail, therefore, he prays for confirmation of interim pre-arrest bail already granted to applicants/accused Sharafuddin and Qaimuddin and grant of post arrest bail to applicants/accused namely Muhammad Haneef and Badshah who are in custody.

4. On the other hand learned Additional P.G as well as complainant Zameer Ahmed who is present in person opposed the grant of bail to the applicants/accused on the ground that names of applicants/accused transpire in the FIR as such they are not entitled for concession of pre-arrest as well as post arrest bail.

5. I have heard learned counsel for applicants, learned Additional P.G for the State so also have gone through the material available on record.

6. From perusal of record it reflects that on the day of incident after Juma prayer, complainant saw the all accused persons were coming from his house and he rushed to his house where his sister Mst. Hidayat Khatoon was found by him in injured condition who disclosed to complainant that accused persons have fired upon her as such he has nominated them in this case. During investigation S.S.P Sukkur under his office order dated 27.09.2021 constituted a committee upon DSP Abdul Sattar Phul, SIP Abdul Hameed Mahar SHO PS Abad, SIP Imtiaz Ali Mangi of PS Tamachani and SIP Karim Bux Napar who have conducted investigation and collected sufficient evidence against complainant’s brother Wazeer Ahmed Malik regarding commission of offence as he in order to implicate the all accused persons have committed murder of Mst. Hidayat Khatoon. Furthermore, the another investigation was conducted by DSP Ghulam Ali Jumani who has also supported the version of the then J.I.T that infact Wazeer Ahmed brother of complainant has committed the murder of deceased. Record further reflects that deceased has given a detail of the incident when the complainant entered into the house but from post mortem report it reflects that the time between injuries and death was instantaneous which means that allegedly deceased has not given any information to the complainant as such in both the investigations the applicants/accused were found innocent and it is yet to be decided at the time of recording of evidence whether the applicants/accused have participated in the commission of offence or not. The ocular evidence does not support the medical evidence.

7. In view of above discussion, learned counsel for the applicants/accused has made out a good case for confirmation of bail in the light of sub section (2) of Section 497 CrPC, hence the both bail applications are allowed and the interim pre arrest bail already granted to the applicants/accused Sharafuddin and Qaimuddin in Cr. Bail Application No.S-705/2021 is hereby confirmed on same terms and conditions while the applicants/accused namely Muhammad Hanif and Badshah are granted bail subject to furnishing solvent surety in the sum of Rs. 100,000/- (One lac) each and PR bond in the like amount to the satisfaction of learned trial Court. Learned trial Court is at liberty to take action against the applicants/accused, if they misuse the concession of bail.

8. Needless to mention that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of the applicants on merits.

9. The aforesaid both bail applications stand disposed of in the above terms.

J U D G E

Irfan/P.A