ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S-  548 of 2022.

Date of hearing

Order with signature of Judge

24.11.2022.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Anwar Ali Shaikh, Advocate for applicant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Amjad Ali Sahito, J-  Through instant bail application, applicant Muhammad Irfan seeks his release on post-arrest bail in case registered vide Crime No.06/2022 with P.S  Tajo Dero (District Jacobabad), for offence punishable under Sections 302, 324, 337- H92), 114, 148, 149 P.P.C. The applicant approached the trial Court with the same prayer, which has been declined by learned 1^st Additional Sessions Judge, Jacobabad, vide Order dated 25.10.2022.

            The allegation against applicant is that on 18.4.2022, he in company of co-accused reached place of incident and on instigation of co-accused Muhammad Gul; the applicant and co-accused Punhal fired pistol shots upon Niaz, the fire made by Punhal hit to Niaz and the fire made by applicant hit to passerby Suhail on his neck.

            Learned counsel for applicant mainly contended that F.I.R is delayed for one day and allegation against applicant is that his fire hit to passerby Suhail and as per medical certificate such injury has been declared as Ghayr Jaifah Mutalahimah and the punishment provided for such injury does not fall within prohibitory clause of Section 497 Cr.P.C. He further added that challan of the case has been filed and custody of applicant is no more required to police for purpose of further investigation.

            Conversely, learned D.P.G. opposed the bail application on the grounds that applicant has been nominated in F.I.R with active role of making fire, which hit to a passerby young boy on his neck and such ocular version is duly supported by the medical evidence and that the offence falls within prohibitory clause of Section 497 Cr.P.C.

            It appears from perusal of the F.I.R that the applicant has been nominated therein with specific and active role of making fire upon Niaz (deceased), but it did not hit Niaz; however same hit to passerby Suhail on his neck. As such, presence of the applicant on spot with role of making fire is apparent. The medical evidence supports the ocular version. The prosecution witnesses have supported the version of complainant in their statements recorded by police in terms of Section 161 Cr.P.C. At bail stage, a tentative assessment of the material is to be done and deeper appreciation is unwarranted and from tentative assessment of material coupled with other factors discussed above prima-facie connect the applicant with commission of alleged offence, which does fall within prohibitory clause of Section 497 Cr.P.C, disentitling him to concession of bail. Accordingly, the bail application is hereby dismissed.

                                                              Judge

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