IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1st. Cr. Bail Application No. S- 295 of 2023

Applicants:                                        Pandhi Khan, 

Through Mr. Muhammad Afzal Jagirani,  

Advocate,

State:                                                  Through Mr. Ali Anwar Kandhro, Addl. Prosecutor General, Sindh.

Date of hearing:                               27-07-2023

Date of order:                                   27-07-2023

O R D E R

AMJAD ALI SAHITO, J:-   Through instant criminal bail application, the applicant Pandhi Khan, seeks pre arrest bail in Crime No.83/2023, registered at Police Station  Kashmore under sections324,337-H(2),149,147 and 114 PPC.

2.         The details and particulars of the F.I.R are already available in the bail application and FIR, same could be gathered from the copy of FIR, attached with such application, hence needs not to reproduce the same hereunder.

3.         Per learned counsel, the applicants/accused is innocent and he has been falsely implicated in this case by the complainant with malafide intention and ulterior motives; that the complainant party has managed the medical certificate and thereafter the alleged false FIR against the applicant has been lodged. He further contended that there is dispute over agricultural land as the applicant party is hari and complainant party is Zamindar. He further contended that FIR being crime No.74 of 2023, has been registered at Police Station Kashmore by applicant Pandhi Khan against the complainant party as such this is counter version and it yet to be seen that who was aggressive and who was aggressed as such the he prayed that applicant/accused may be enlarged on pre arrest bail.

4.                     Heard and perused. Learned APG vehemently opposed the grant of bail. 

                        Perusal of record reflects that near about five accused persons including present applicant duly armed with pistol and other ammunition appeared at place of incident and at the instigation of co-accused Manzoor Ali the present applicant with intention to commit murder made straight fire upon the nephew of complainant which hit him at left arm and he has also made second fire which hit at abdomen as such ingredients of section 324 PPC is very much applicable; that at once he made two fires upon the injured. Further the ocular evidence finds support from medical evidence. The learned counsel also submits that applicant/accused also lodged FIR against the complainant party which allegedly confirms the presence of applicant/accused at the place of incident. 161 Cr.PC statmenet the PWs supported the version of complainant. At bail stage only tentative assessment is to be made. No malafide or ill will or enmity has been pointed out by the learned counsel for registration of this case, which is requirement of the pre-arrest bail.  Resultantly, instant Criminal Bail Application is dismissed.

            Let a copy of this order be sent to the SHO, Police Station Dokri, for information.

                                                                                                            J U D G E

S.Ashfaq