IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

 

Cr. Bail Application No. S-52 of 2023

 

Applicant:                                          Abdul Sattar Dahani,  

Through Mr. Athar Abbas Solangi,   

Advocate,

Legal Heirs:                                        Mst. Sardar Khatoon,

                                                            Through Mr. Ghulam Sarwer Malgani,

                                                            Advocate                              

 

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

 

Date of hearing:                               06-04-2023

 

Date of Order:                                   06-04-2023

 

O R D E R

 

Zulfiqar Ali Sangi, J.-   Through instant criminal bail application, the applicant/accused Abdul Sattar Dahani Seeks pre-arrest bail in Crime No.154/2022, registered at Police Station Ratodero, District Larkana, for the offence U/S. 302, 311, 109, 452, 34 PPC, after rejection of his bail plea by the learned Additional Sessions Judge, Ratodero, vide order dated 02.02.2023.

2.                                          The facts of the incident 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 be reproduced the same here.

3.                                          It is contended by the learned counsel for the applicant/accused that applicant is innocent and has been falsely implicated in this case with malafide intention; that as per contents of FIR only role of instigation/ abatement has been assigned to the applicant however; direct role is assigned to co-accused Muhammad Juman and Waqar. He next contended that on the same day 161 Cr.PC statement of alleged eye witness was recorded and in said statement also role against the applicant is of instigation / abatement. He further contended that even it is not mentioned in the FIR that applicant was armed with any weapon therefore, there is no question of recovery of any crime weapon from the applicant. He lastly submits that in these circumstances, matter requires further inquiry and the applicant is entitle for grant of pre arrest bail. He, therefore, requests for confirmation of interim pre-arrest bail already granted to the applicant/accused.

4.                                          Learned D.P.G assisted by learned counsel for the legal heir, opposed the grant of pre arrest bail on the ground that applicant is nominated in the FIR. After the F.I.R Mst. Sardar Khatoon approached to Justice of Peace for second FIR as per her version. However, her 162 Cr.PC statement was recorded wherein she has assigned direct role of firing to present applicant upon deceased Mst. Zaibul Khatoon. Therefore, applicant is not entitled for concession of extra ordinary relief of pre arrest bail.    

5.                                          Heard learned counsel for the parties and perused the material available on the record.

6.                                          Admittedly in FIR applicant is nominated however, the role assigned to him is of instigation/ abatement. Even on the same date Mst. Sardar Khatoon was examined under section 161 Cr.PC wherein she also supported the version of FIR, later on another version has been brought on record by Mst. Sardar Khatoon wherein set of accused including role against them was changed from the FIR and her earlier statement recorded under section 161 Cr.PC and such statement was recorded on 17.2.2023, i.e. after about two months of the alleged FIR. All these facts makes the case one of further inquiry entitling the present applicant for concession of pre arrest bail. It is also settled by the Honourable Apex Court that deeper appreciation of the evidence is not permissible while deciding the bail application and the same is to be decided tentatively on the basis of material available on the record. Accused is attending the trial court and there is no allegation of misusing the concession of bail against him.

7.                                          In view of above applicant has made out case for confirmation of pre-arrest bail. Resultantly, instant criminal bail application is allowed. Interim pre-arrest bail already granted to the applicant/accused vide order dated 06.02.2023 is confirmed on same terms and conditions.

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

 

S.Ashfaq/-