IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Criminal Bail Application No. S-584 of 2022

(Rashid Jatoi v State)

Date Order with signature of Judge

For hearing of Bail Application.

Date of hearing : 06-02-2023

Mr. Rukhsar Ahmed M. Junejo Advocate for applicant.

Mr. Shafi Muhammad Mahar, D.P.G.

O R D E R

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 not only committed murder of Nazim Hussain but caused fire shot and dagger injuries to P.Ws Ghulam Murtaza, Manzar Ali and Abdul Wali Farhan with intention to commit their murder and then went away by creating harassment, for that the present case was registered.

2. The applicant on having been refused post-arrest bail by learned Additional Sessions Judge-IV (Hudood), Sukkur 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 Abdul Hafeez in order to satisfy his old enmity with him; FIR is lodged with delay of about one day and no final certificate with regard injuries sustained by P.W Abdul Wali Farhan has yet been issued. By contending so, he sought for the release of applicant on bail on point of further enquiry.

4. Learned DPG for the State has opposed to release of applicant on bail by contending that he has been attributed role of causing dagger blows to P.W Abdul Wali Farhan on his head being vital part of his body.

5. Heard arguments and perused the record.

6. The name of the applicant is appearing in FIR with specific allegation that he with rest of the culprits went over to the complainant party committed murder of Nazim Hussain by causing him fire shot injuries, caused fire shot and dagger injuries to P.Ws Ghulam Murtaza, Manzar Ali and Abdul Wali Farhan with intention to commit their murder. The specific role of causing dagger injuries to P.W Abdul Wali Farhan, on his head has been attributed to the applicant. In that situation it would be premature to say that the applicant being innocent has been involved in this case falsely by the complainant in order to satisfy his enmity with him. No doubt final medical certificate in respect of injuries sustained by P.W Abdul Wali Farhan has not yet been issued but for this reason the applicant could not be admitted to bail, ignoring his active participation in commission of incident. The delay in lodgment of FIR by one day is well explained in FIR itself, such delay even otherwise could not be resolved by this Court at this stage. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged. No case for release of the applicants on bail is made out. Consequently the instant bail application is dismissed.

J U D G E

Akber.