IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Before:

Mr. Justice Adnan Iqbal Chaudhry,

                                                   Mr. Justice Zulfiqar Ali Sangi,

(Crl.Bail Application No.D-40 of 2022)

Applicant:                         Dodo son of Arib by caste Shar,

                                         Through Mr. Habibullah G.Ghouri, Advocate.

The State:                         Through Mr. Aitbar Ali Bullo, D.P.G

Date of hearing:                07.02.2023

Date of decision:               07.02.2023 

O R D E R

ZULFIQAR ALI SANGI, J:- Through listed criminal bail application, the above named applicant/accused seeks his admission to post-arrest bail in Crime No.10/2022, registered with Police Station, Geehalpur, for offences punishable Under Section 302, 324, 353, 440, 148, 149 PPC r/w Section 6/7 A.T.A & 4/5 Exp: Act. Earlier, the bail plea of applicant/accused was turned down vide order dated 23.11.2022, passed by learned Special Judge, Anti-Terrorism, Kashmore @ Kandhkot.

2.       The allegations against applicant/accused as unfolded in the FIR are to the effect that on 04.06.2022, at about 1630 hours, on account of murder of Mst.Ameeran Khatoon, the present applicant/accused alongwith 73 others including 10/12 unknown culprits, duly armed with sophisticated weapons came at village Muhammad Ayoob Jakhrani in order to commit dacoity/robbery and causing hurt to human lives and when the police party  headed by complainant SHO Shafi Muhammad Bhangwar of P.S Geehalpur came to maintain the law and order situation, the above named accused in order to create terror, deterred the police party from discharging their lawful duties as public servants by firing at them with intention to commit their murder and then caused injuries to SIP Nabi Bux Jakhrani, SHO, P.S Karampur besides causing damage to the official vehicle, for that the present case was registered against the accused.

3.       Heard learned counsel for the applicant/accused, learned D.P.G for the State and perused the material made available on the record with their able assistance. The former has prayed for grant of bail to the applicant/accused by reiterating the same grounds of his bail application while the latter has flatly opposed to it.

4.       The meticulous perusal of record is entailing that the present applicant/accused is nominated in the FIR with role of firing at the police party thereby caused injuries to SIP Nabi Bux Jakhrani, SHO, P.S, Karampur who subsequently died of such injuries at Agha Khan Hospital at Karachi. Further, the version of complainant is fully corroborated by the witnesses in their 161 Cr.PC statements. In addition to this, the ocular version is fully consistent with medical account which is further substantiated by the recovery of empties from the venue of occurrence. Moreover, no substance has been brought by the applicant/accused to justify his false implication in this case at the hands of police. Over and above this, the applicant/accused has already been convicted in similar cases relating to police encounter and Sindh Arms Act, which obviously connects him with the commission of offences of like nature. In these circumstances, there appear reasonable grounds to believe that the applicant/accused is guilty of the offence for which he is charged.

5.       For what has been discussed above, the applicant/accused has failed to make out a case for bail. Consequently, the listed criminal bail application being meritless is dismissed accordingly.

6.       Needless to mention here that the observations recorded hereinabove are tentative in its nature and shall not prejudice the case of parties at trial.

JUDGE

JUDGE

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