IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Criminal Bail Application No. S-315 of 2022

(Abid Hussain and another v State)

Date Order with signature of Judge

For hearing of Bail Application.

Date of hearing : 06-02-2023

Mr. Amanullah G. Malik Advocate for applicants.

Mr. Ameenuddin Khaskheli Advocate for complainant.

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

O R D E R

Irshad Ali Shah, J. It is alleged that the applicants with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object not only committed murder of Ameer Bux by causing him fire shot injuries but caused fire shot injuries to P.W Bashir Ahmed with intention to commit his murder and then went away by making aerial firing to create harassment and causing lathi and hatchet blows to P.W Nazeer Ahmed, for that the present case was registered.

2. The applicants on having been refused post-arrest bail by learned Additional Sessions Judge Moro have 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 applicants that the applicants being innocent have been involved in this case falsely by the complainant party in order to satisfy its grudge with them over landed property; the FIR has been lodged with delay of about one day; there is counter version of the incident and role attributed to the applicants in commission of the incident is only to the extent of causing fire short injuries to P.W Bashir Ahmed. By contending so, he sought for release of the applicants on bail the point of further enquiry.

4. Learned DPG for the State and learned counsel for the complainant have opposed to release of applicants on bail by contending that the applicants are neither innocent nor have been involved in this case falsely; on arrest from them have been secured incriminating guns and counter version of the incident has been managed by the applicants with considerable delay malafidely to get undue benefit.

5. Heard arguments and perused the record.

6. The applicants are named in the FIR with specific allegation that they with rest of the culprits after having formed an unlawful assembly and prosecution of their common object not only committed murder of Ameer Bux by causing him fire shot injuries but caused fire shot injuries to P.W Bashir Ahmed with intention to commit his murder and then went away by making aerial firing to create harassment and causing hatchet and lathi blows to P.W Nazeer Ahmed, in order to satisfy their dispute with the complainant party over landed property. In that situation it would be premature to say that the applicants being innocent have been involved in this case falsely by the complainant party. On arrest from the applicants have been secured the incriminating guns such recovery could not be lost sight of. The delay in lodgment of FIR by one day is well explained in FIR itself and such delay even otherwise could not be resolved by this Court at this stage. The FIR which is claimed to be counter version of the incident has been lodged with delay of about 23 days to the lodgment of FIR of the present case. Perhaps in that context, it was contended by learned DPG for the State and learned counsel for the complainant that the lodgment of such FIR has been arranged by the accused party only to make counter version of the incident malafide to get undue benefit. The deeper appreciation of facts and circumstances is not permissible at bail stage. There appear reasonable grounds to believe that the applicants are guilty of the offence with which they are 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.