ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-37 of 2023

(Bashir Ahmed Siyal Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application

08-03-2023.

Mr. Sanwal Khan Chachar, advocate for the applicant.

Mr. Khalil Ahmed Maitlo, Deputy P.G for the State.

>>>>>>>…<<<<<<<<

Irshad Ali Shah, J;- It is alleged that the applicant with rest of the culprits in furtherance of their common intention caused fire shot injuries to Mst. Saima and Rasool Bux, with intention to commit their murder, after declaring them to be Karo Kari; eventually Mst. Saima died of such injuries, for that the present case was registered.

2. The applicant on having been refused Pre-Arrest bail by learned IVth Additional Sessions Judge, Mirpur Mathelo, has sought for the same from this Court by way of instant bail application u/s 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 the police and role attributed to the applicant in commission of incident is only to the extent of causing fire shot injuries to PW Rasool Bux, even otherwise Mst. Rukhsana and Mst. Mehnaz, who happened to be relatives of the deceased have also sought for registration of their separate FIRs for the said incident by making applications u/s 22A/B Cr.P.C with different versions, therefore, the applicant is entitled to be admitted to pre-arrest bail on point of further inquiry and malafide.

4. Learned Deputy P.G for the State has opposed to grant of pre-arrest bail to the applicant by contending that infact the applicant has attempted to create different version of the incident through above named ladies, in order to save him from legal consequences and the offence he allegedly has committed is affecting the society at large.

5. Heard arguments and perused the record.

6. The applicant is named in FIR with allegation that he with rest of the culprits in furtherance of his common intention fired at Mst. Saima and Rasool Bux with intention to commit their after declaring them to be Karo Kari. Mst. Saima died of such injuries. The specific role of causing fire shot injuries to PW Rasool Bux is attributed to the applicant and such allegation takes support from 161 Cr.P.C statement of PW Rasool Bux. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the police. Mst. Rukhsana and Mst. Mehnaz might have come forward to lodge their separate FIRs with different version, but such fact is not enough to admit the applicant to pre arrest bail, an extra ordinary concession at law, in case like present one which is affecting the society at large, by ignoring the police version. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged.

7. In view of above, it is concluded safely that no case for grant of pre-arrest bail to the applicant is made, consequently the instant Crl. Bail Application is dismissed.

Judge

Nasim/P.A.