ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-694 of 2022

(Abdul Salam Vistro Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application

O R D E R.

27-02-2023.

Mr. Ferozuddin Shaikh, advocate for applicant.

Mr. Muhammad Sulleman Kalhoro, advocate for complainant.

Mr. Shafi Muhammad Mahar, Deputy P.G for the State.

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Irshad Ali Shah, J;- It is alleged that the applicant with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, by committing trespass into house of complainant Waheed, committed murder of his brother Soomar and then went away by causing fire shot injures to PWs Asghar, Sadaqat and Saddam Hussain with intention to commit their murder and making fires in air to create harassment, for that the present case was registered.

2. The applicant on having been refused Pre-Arrest bail by learned Additional Sessions Judge, Naushahro Feroze, has sought for the same from this Court by way of instant Crl. Bail Application under Section 498-A Cr.P.C.

3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by complainant in order to satisfy its matrimonial dispute with him; the FIR of the incident has been lodged with the delay of about 11 hours; co-accused Allah Dino and Zahid Hussain have already been admitted to bail and PW Saddam Hussain was found sustaining gunshot injury on his leg which is not vital part of his body and the applicant at the time of incident allegedly was holding pistol. By contending so he sought for pre-arrest bail for the applicant on point of further inquiry and malafide.

4. Learned Deputy P.G for the State and learned counsel for the complainant have opposed to grant of pre arrest bail to the applicant/accused by contending that applicant has caused fire shot injury to PW Saddam on his leg with intention to commit his murder as such he is not entitled to be admitted to pre arrest bail in absence of malafide. In support of their contention, they have relied upon case of Abu Bakar Siddique Vs. The State & ors (2021 SCMR 05).

5. Heard arguments and perused the record.

6. The applicant is named in the FIR with specific allegation that he with rest of the culprits after having formed an unlawful assembly in prosecution of its common object by making trespass into the house of the complainant, not only committed murder of Soomar a young boy, but also caused fire shot injuries to PWs Asghar, Sadaqat and Saddam Hussain with intention to commit their murder. The specific role of causing fire shot injury to PW Saddam Hussain is attributed to the applicant, it may be on his leg, but it prima-facie suggests his active participation in commission of incident. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the complainant party. The applicant was said to be armed with pistol, therefore he ought not to have caused gunshot injury to PW Saddam Hussain; such assertion call for deeper appreciation, which is not permissible at bail stage. The delay of 11 hours in lodgment of FIR is explained in FIR itself, same even otherwise could not be resolved at this stage by this Court. The case of the applicant is distinguishable to that of co-accused Allah Dino and Zahid Hussain. The matrimonial dispute between the parties may be there, but it may not be a reason for involvement of the applicant in this case falsely. There appear reasonable grounds to believe that applicant is guilty of the offence with which he is charged; consequently the instant bail application is dismissed.

Judge

Nasim/P.A.