THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1^st Criminal Bail No.S-550 of 2022

Applicant:            Sono Shar through Mr. Ahsan Ahmed Memon, Advocate.

Complainant:      Usman alias Ghulam Rasool through Mr. Azhar Hussain Abbasi, Advocate.

Respondent:        The State

Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  10.02.2023

Date of Order:     10.02.2023

O R D E R

ZULFIQUAR ALI SANGI, J.- Through instant Criminal Bail Application, applicant/accused Sono son of Gajan Shar seeks post arrest bail in Crime No. 86/2021, offence under Section 302, 337-A(i), 337-F(i), 506/2, 147, 149 P.P.C. of the Police Station Khanpur. Prior to this, he filed such application, but the same was declined by the learned I-Additional Sessions Judge/Model Criminal Trial Court, Shikarpur vide order dated 27.09.2022; hence he filed instant Criminal Bail Application.

2.                The facts of the F.I.R. are mentioned in the memo of bail application and the copy of F.I.R. is also attached with the bail application, hence, needs not to reproduce the same here.

3.                Learned counsel submits that the applicant/accused is innocent and he has been falsely implicated in this case by the complainant with mala fide intention and ulterior motives. He has agitated the main ground of illness and submitted that this Court had issued directions to the Medical Board and sought its report, the board was constituted, applicant was examined and reported dated 11.01.2023 has also been placed on record by the Special Medical Board, wherein the board opined that the stay of the applicant in jail is detrimental to his life and submit that in the circumstances, the applicant may be enlarged on bail.

4.                In view of the report of the Special Medical Board, learned Deputy Prosecutor General has raised no objection for grant of bail to the applicant.

5.                Learned counsel for the complainant submits that the applicant is nominated in the F.I.R. with specific role of causing iron rod to the deceased at his head; therefore, he is not entitled to the concession of bail.

6.                Heard arguments of the learned counsel for the parties and have perused the material available on record. The merits of the case are not considered in this order so as to avoid any prejudice before the trial Court, however, only the medical report submitted by the Special Medical Board is considered, wherein the board unanimously opined that stay of the applicant in jail is detrimental to his life. The finding of the Special Medical Board is as under:

“The Special Medical Board convened on 11.01.2023 under the Chairmanship of Prof. Dr. Muhammad Saleem Shaikh, Professor of Surgery, Chandka Medical College, Larkana to examine accused/UTP Sono son of Gajan Shar.  He appeared before the board and examined, he is case of Diabetes Mellitus Type-2 and Dilated Cardiomyopathy with severe left ventricular global dysfunction (LVEF 25 to 30%).

OPINION: The Special Medical Board is of unanimous opinion that his stay in Jail is detrimental to his life due to his illness.”

7.                Under these circumstances, to enable the applicant to get better treatment, he is enlarged on bail subject to his furnishing solvent surety in the sum of Rs.200,000/- (Rupees Two Hundred Thousands only) and P.R. Bond in the like amount to the satisfaction of the learned Trial Court.  However, the complainant is at liberty to move cancellation of bail before the Trial Court, if he found that the applicant is fit after treatment.

8.                Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of either party at trial.

                                J U D G E

Manzoor