ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Bail Appln. No.S- 653   of   2023.  

Date of hearing                                Order with signature of Judge.

1.For orders on office objection as flag A.

2.For hearing of  bail application.

Applicant                       :       Azad Ali Malik, through Mr. Abdul Rehman A Bhutto,

                                                Advocate along with applicant  (on bail).

The State                      :        Through Mr. Khalil Ahmed Metlo, Asst. P.G.

Date of hearing            :       20.11.2023.

O R D E R.

            Through this application, applicant Azad Ali Malik seeks his admission on pre-arrest bail in Crime No.220 of 2023 of P.S Kashmore, registered for offences under Sections 353, 324, 34, PPC. Applicant filed anticipatory bail application vide Cr. Bail Appln. No.866 of 2023 before the Court of Sessions Judge, Kashmore at Kandhkot, which subsequently was assigned to Additional Sessions Judge, Kashmore, who after hearing the parties turned down his request vide order dated 30.10.2023, hence this application has been maintained.

2.         The prosecution case, in brief, is that on 24.10.2023, at 0900 hours, near Lal Baig Mazari Diversion, Taluka Kashmore, the present applicant/accused along with co-accused Zahid Khoso, being armed with TT Pistols, made cross-firing with a police party of PS Kashmore headed by complainant ASI Hidayatullah Khoso and then fled away; hence, such FIR was registered. 

3.                     Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case by the police; that despite face to face cross-firing of five minutes nobody from either side sustained any injury and even the mobile van of police was not hit by any bullet, therefore, section 324, PPC is not attracted to this case; that no independent person has been cited as witness of the alleged incident; that the case against the applicant requires further enquiry.

4.         Learned Asst. P.G does not oppose the bail application.

5.         Admittedly, despite cross-firing for 5 minutes between the police and the accused no one from either side is shown to have sustained any injury or scratch and even the police van was not hit by any bullet, therefore, Section 324, PPC is to be established by the prosecution at trial. The offence, with which the applicant stands charged, does not fall within the prohibitory clause of Section 497, Cr.PC. The case has reportedly been challaned. After grant of interim pre-arrest bail, the applicant/accused is not shown to have misused the concession so extended to him, rather he has joined the trial and is regularly attending the trial proceedings.     

6.         In view of above, instant bail application is allowed and the interim pre-arrest bail granted to the applicant on 07.11.2023 is hereby confirmed on the same terms and conditions.

JUDGE 

Qazi Tahir/*