IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Cr. Bail Appln. No. S-659 of 2024
Cr. Bail Appln. No. S-08 of 2025
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Applicant (in Cr. Bail Appln. No. S-659/2024) |
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Ali Raza and Akhtar |
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Applicant (in Cr. Bail Appln. No. S-08/2025) |
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Sikandar Ali Khuhawar |
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Through Mr. Ahmed Bux Abro, advocate
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Complainant |
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Mst. Mukhtiar Khatoon |
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(In person) |
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The State |
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Mr. Aitbar Ali Bullo, D.P.G for the State a/w Dr Yaseen Fatima, WMO, Chandka Medical College Hospital, Larkana.
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Date of hearing |
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20-01-2025 |
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Date of order |
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20-01-2025 |
O R D E R
OMAR SIAL, J.-Ali Raza, Akhtar Ali alias Naushad have sought pre-arrest bail, while Sikander Ali seeks post-arrest bail in Crime Number 113 of 2024, registered under sections 302, 114, and 34 P.P.C. at the Rehmatpur police station.
2. The F.I.R. mentioned above was registered on 07.10.2024 on information provided by the complainant Mst. Mukhtiar Khatoon. The complainant reported that Sikander Ali’s (her brother) son (Ali Raza) was married to her daughter. Sikander would often say that he would have her daughter killed. On 11.08.2024, when the complainant visited her daughter, she saw that Sikander Ali, Ali Raza, and Naushad were also present. Sikander instigated the others, which prompted Ali Raza to catch hold of the daughter’s hair while he kept his foot on her neck, which broke her neck. Naushad then kicked and punched the daughter.
3. I have heard the learned counsel for the applicants. The complainant presented herself and did not want to engage a lawyer. I have also heard the learned Additional Prosecutor General.
4. The Woman Medical Officer who this Court summoned has filed her final report, which indicates that the daughter most probably died of natural causes. She further elaborated that when she examined the daughter, there were no signs of any injury on her body or bone broken, but nodules in her lungs were detected. This, she indicated, was usually because of some disease, which could also be cancer. The doctor noticed that the daughter was in frail condition and seemed to be suffering from several ailments, but she was unable to give a conclusive opinion on her ailments because no medical documents were provided to her by the police. The case against the applicants because of the doctor’s report requires further inquiry. Although the parties are closely related, the possibility that the complainant was misled or acted maliciously cannot conclusively be ruled out at this stage.
5. The S.H.O. of the Rehmatpur police station reported to the Ex-Officio Justice of Peace that on 12.08.2024, a man named Nisar Ahmed, who claimed to be the brother of the deceased, told the S.H.O. that he had received a phone call from applicant Ali Raza informing him that his daughter had expired due to ill health. The police had gone to the applicant's house, where the dead body was. No signs of injury were visible on the dead body. This version completely contrasts the version narrated by the complainant, Mst. Mukhtiar Khatoon.
6. Given the above, the interim pre-arrest bail given to Ali Raza and Akhtar Ali earlier is confirmed on the same terms and conditions, while Sikander Ali is admitted to post-arrest bail against a surety of Rs. 100,000 and a P.R. Bond in the like amount to the satisfaction of the learned Additional Registrar of this Court.
JUDGE