ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Misc. Appln. No. S- 73 of 2022.

Date of hearing

Order with signature of Judge

07.11.2022.

1.         For orders on office objections.

2.         For hearing of main case.

Mr. Aitbar Ali Bullo, Deputy Prosecutor General

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Amjad Ali Sahito, J: Through this application, applicant/ complainant Badaruddin Chandio seeks cancellation of post-arrest bail granted to respondent Akhtar Hussain Chandio by learned 2^nd Additional Sessions Judge, Kamber, in Crime No.21/2022, registered with P.S Kamber City (District Kamber-Shahdadkot), for offence punishable under Section 324, 504, 506 (2), 337-H (2), 148 and 149 P.P.C, vide order dated 14.03.2022.

            None present for the applicant; no intimation is received; same was the position on last three dates of hearing.  As such, the learned D.P.G. has been heard in the matter.             He supported the impugned order and contended that the impugned order is well reasoned and speaking one. 

            From perusal of the record it appears that, no doubt the name of accused/ respondent Akhtar Hussain appears in F.I.R with role of making pistol shot at P.W Aijaz Ahmed which hit him. It further appears from the record that the accused/ respondent Akhtar Hussain was declined bail on merits at first instance, however he was later-on admitted to post arrest bail only on medical ground.

            It would be conducive to reproduce operative part of the impugned bail order, which reads as under:

            “Although previously bail application of accused Akhtar Hussain Chandio was dismissed by this Court on merits, but in instant application, he has taken sole ground of his medical illness and in this regard, reports were called from jail authorities concerned, who have reported as under:

            [Report of Central Prison]: UTP has H/O fall (fracture of L3), he was admitted in jail ward under the treatment of Neuro-Surgery, they referred him to JPMC Karachi or Trauma Center Civil Hospital Karachi.

            In these circumstances as reported by the concerned jail authorities, it looks that the accused suffered fracture on his vertebral Column at L-3, for which he is referred by the concerned Medical Officer to Karachi Trauma Center of JPMC Karachi, therefore, only for the purpose of his medical treatment, without touching merits of this case, without going through the relevant medical record of injured P.Ws and without assessing role assigned to him as shown in the F.I.R, he is admitted to bail. However, he is directed to surrender before the Court after getting medical treatment and then move his fresh bail application, which shall be decided on merits of the case. Resultantly, the present applicant/ accused Akhtar Hussain Chandio is ordered to be released on bail subject to furnishing the solvent surety in sum of Rs.100,000/- (One lac) and separate P.R Bond of Rs.100,000/-, total Rs.200,000/- (Two lacs), to the satisfaction of this Court.”

            The accused/ respondent Akhtar Hussain was declined bail on merits of the case; however he has been admitted to post arrest bail only on medical ground, which too conditionally, with directions to surrender before learned trial Court after getting medical treatment by moving fresh bail application, which is to be decided on merits of the case. Perusal of instant criminal miscellaneous application reflects that the learned counsel for applicant/ complainant has not urged a single ground with regard to health condition of the accused/ respondent Akhtar Hussain Chandio; he has taken the grounds with regard to merits of the case.

            It is re-iterated that the accused/ respondent No.1 was granted bail by trial Court conditionally while relying upon his health condition with directions to surrender before trial Court after getting medical treatment. It appears that the learned trial Court was justified in granting the bail to the accused/ respondent on sole ground of ailment. No infirmity and illegally seems to have been committed by learned trial Court while granting bail to accused/ respondent.

            In view of above, the present application being devoid of merits is hereby dismissed in limine.

                                                       Judge

Ansari