ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S-399 of 2022

(Allah Dewayo Shahani Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application.

06-03-2023.

Mr. Muhammad Rafique Kalwar, advocate for applicant.

Mr. Irshad Ali Soomro, 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 form an unlawful assembly and in prosecution of their common object, committed murder of Sardar Bux by causing him fire shot injuries, for that he was booked and reported upon by the police.

2. The applicant on having been refused post-arrest bail by learned Ist Additional Sessions Judge Ghotki has sought for the same from this Court by way of instant bail application under Section 497 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 the complainant party in order to satisfy with him its old enmity; the FIR has been lodged with delay of about one day; role attributed to the applicant in commission of incident is only to the extent that he caused fire shot injury to deceased on his right hand and on investigation, he was let off by the police by placing his name in column No.II of the charge sheet; therefore, he is entitled to be released on bail on point of further enquiry. In support of his contention, he relied upon case of Sharif Khan Vs. The State and another (2021 SCMR 87).

4. Learned DPG for the State and learned counsel for the complainant have opposed to release of the applicant on bail by contending that he is named in the FIR with specific role of causing fire shot injury to deceased on his right hand and co-accused Aslam with utmost similar role has already been refused bail by Hon’ble Supreme Court of Pakistan. In support of their contention they relied upon on case of (Muhammad Baqir Vs. The State and another) 2022 SCMR 363.

5. Heard arguments and perused the record.

6. The applicant is named in FIR with allegation that he with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object went over to the complainant party, there they committed murder of deceased by causing him fire shot injures. The specific role of causing fire shot injury to the deceased on his right hand is attributed to the applicant. In that situation, it would be premature to say that applicant being innocent has been involved in this case falsely by the complainant party, in order to satisfy with him its enmity. The delay of one day in lodgment of FIR has been explained itself, it was natural, same even otherwise could not be resolved by this Court at this stage. No doubt the applicant was let of by the police by placing his name in column No.-II of the charge sheet, but there could be no made denial to the fact that he was joined in trial by the learned trial Magistrate, which ultimately was followed by issuance of Non-Bailable-Warrant, for his arrest. The opinion of the police has got not binding effects on the Courts. Co-accused Muhammad Aslam with utmost similar role was refused pre-arrest bail by this Court and he subsequently withdrawn his bail application before Hon’ble Supreme Court of Pakistan. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged.

7. The case law which is relied upon by learned counsel for the applicant is on distinguishable facts and circumstances. In that case, the main reason for admitting the accused to bail was that no specific injury was attributed to them.

8. In view of above, it is concluded safely that no case for release of the applicant on bail is made out, consequently, the instant Crl. Bail application is dismissed.

Judge

Nasim/P.A.