IN THE HIGH COURT OF SINDH, CIRCUIT COURT,LARKANA

Criminal Bail Appln. No. S-135 of 2023

Applicant	Hoat Khan s/o Hussain Bux Maittlo
	Through Mr. Habibullah G. Ghouri, advocate
Complainant	Anees Ahmed Maittlo Through Mr. Sadam Hussain,
State	Mr. Aitbar Ali Bullo, D.P.G for the State
Date of hearing	20-04-2023
Date of order	20-04-2023

O R D E R

ZULFIQAR ALI SANGI, J.- Through instant criminal bail application, the applicant/accused Hoat Khan seeks post arrest-bail in Crime No.90/2020, registered at Police Station Naudero, for the offence U/S 302, 337-H(ii), 114, 148,149 P.P.C, after rejection of his bail plea by the learned Additional Sessions Judge, Ratodero, vide order dated 11.03.2023.

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 reproduce the same here.

3. Learned counsel for the applicant/accused submits that the applicant/accused is innocent and has falsely been implicated in this case by the complainant with malafide intention and ulterior motives; that enmity has been admitted by the complainant in the F.I.R; that no specific role has been assigned to the applicant/accused for causing any injury either to the deceased or to complainant party. He further submits that applicant was available and has never absconded and he is behind the bars for about six months and it is settled law that mere abscondence shall not come in way of applicant, if he is entitled for relief on merits. He further submits that co-accused Hussain Bux, Sajjad Ali and Sadaqat Ali were admitted on bail by the trial court and the case against applicant/accused is identical to the case of co-accused. He has lastly prayed that the applicant/accused is also entitled for grant of bail on the rule of consistency.

4. Learned D.P.G. assisted by learned counsel for the complainant has vehemently opposed for grant of bail on the ground that applicant/accused is nominated in the F.I.R, as he was armed with pistol, therefore, his common intention has been proved by aerial firing. Lastly they submit that the applicant is not entitled for grant of post-arrest bail. He further submits that

5. Heard learned counsel for the applicant, learned counsel for the complainant, learned D.P.G. and perused the material available on the record with their able assistance.

6. Admittedly, the name of the applicant/accused transpires in the F.I.R, but he has not alleged to have caused any injuries to the deceased and the allegation against the accused is of general nature and the injury whatsoever to the deceased had been attributed to the co-accused Muhammad Yousif and the accused had allegedly made an ineffective firing. Since challan has been submitted and applicant/accused is no more required for further investigation. In such circumstances, the case of applicant requires further inquiry for grant of post-arrest bail.

7. The co-accused Hussain Bux Maittlo, Sajjad Ali Maittlo and Sadaqat Ali Maittlo have been admitted to bail by the trial court and co-accused Javed Hussain has been granted interim pre-arrest bail by this Court vide order dated 24.10.2022, which was confirmed on 17.11.2022 and the case of present applicant appears to be on same footings, therefore, rule of consistency is also applicable to the case of present applicant.

8. Accordingly, instant criminal bail application is allowed. The applicant/accused is admitted on post-arrest bail subject to furnishing solvent surety in the sum of Rs.100,000/- (Rupees one hundred thousand only) and P.R bond in the like amount to the satisfaction of trial court.

9. 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