ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-248 of 2022

(Safdar Jagirani Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application

13-02-2023.

Mr. Sohail Ahmed Khoso, advocate for applicant.

Mr. Shafi Muhammad Mahar, Deputy P.G for the State.

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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 Dilber by causing him fire shot injuries, but also caused fire shot injury to PW Shahbaz Dino with intention to commit his murder, for that the present case was registered.

2. The applicant on having been refused Post-Arrest bail by learned Ist Additional Sessions Judge/ (MCTC), Khairpur, 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 party in order to satisfy with him its matrimonial dispute; the FIR has been lodged with delay of about 12 hours; role attributed to the applicant in commission of incident is only to the extent that he caused fire shot injury to deceased on his right shoulder; co-accused Turab Ali has already been admitted to bail by this Court and the applicant is in custody since one year; therefore, he is entitled to be admitted to post arrest bail on point of further enquiry.

4. Learned DPG for the State has opposed for grant of post arrest bail to applicant by contending that he has been refused pre arrest bail even by Hon’ble Supreme Court of Pakistan touching the merits of the case and his case is distinguishable to that of Turab Ali.

5. Heard arguments and perused the record.

6. The applicant is named in FIR with allegation that he with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object went over to the complainant party, there not only committed murder of Dilber by causing him fire shot injures, but also caused fire shot injury to PW Shahbaz Dino with intention to commit his murder. The specific role of causing fire shot injury to the deceased on his right shoulder is attributed to the applicant. In that situation, it would be premature to say that applicant being innocent has been involved in this case falsely by the complainant party in order to satisfy with him its dispute over matrimonial affairs. The delay of 12 hours in lodgment of FIR was natural, it is explained in FIR itself, same even otherwise could not be resolved by this Court at this stage. The role attributed to co-accused Turab Ali was only to the extent that he caused fire shot injury to PW Shahbaz Dino. As said above, the applicant has been attributed the role of causing fire shot injuries to the deceased. As such his case is distinguishable to that of co-accused Turab Ali. The applicant may be in custody since one year, but same itself is not enough to admit him to bail in case like the present one by making a conclusion that it suggests hardship. 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 bail to applicant is made out, consequently, the instant Crl. Bail application is dismissed.

Judge

Nasim/P.A.