IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Bail Appln. No.  S-216 of 2024

Applicant	Shafqat @ Namo,
	Through Mr. Sajid Hussain Mahessar, advocate
Complainant	Anwar Ali Khokhar
	Through Mr. Muhammad Sharif Ghanghro, Advocate
The State	Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State
Date of hearing	16-01-2025
Date of order	16-01-2025

O R D E R

OMAR SIAL, J.- Shafqat alias Namo has sought post-arrest bail in Crime No. 193/2023, registered under sections 114,302,504, 147,337-A(i) and 337-F(i) P.P.C. at the Ratodero police station.

2.       The FIR mentioned above was registered on 14.09.2023 based on the information provided by Anwar Ali of a cognizable offense that occurred on 07.09.2023. On that date, while grazing cattle, his son-in-law Rasheed alias Shahnawaz exchanged harsh words with Hazoor Buksh Khokhar. On the evening of the same day, the complainant, Abdul Sattar (son), Ali Ahmed (grandson), and  Shahnawaz (son-in-law), were at a tube well. In a bit, Hazoor Buksh, Naseer Muhammad, Abdul Latif, Ali Murad, Shafqat (the applicant), Jan Muhammad, Allah Nawaz, and one unknown person came there carrying lathis. Hazoor Buksh and Nazeer Ahmed, Ali Murad, Shafqat, and Jan Muhammad hit Rasheed Ahmed with their lathis. When Abdul Sattar and Ali Ahmed intervened, they were also assaulted with lathis.  Rasheed died as a result of this incident on 11.09.2023.

3.       I have heard the counsels of the applicant, the complainant, and the Additional Prosecutor General. My observations and findings are as follows.

4.       The applicant is accused of hitting Rasheed Ahmed on his buttocks. On a tentative assessment, I find it unusual that everyone except the complainant in the incident was allegedly hurt. The seven-day delay in lodging the FIR without apparent reason amplifies the doubt. There is also a medical certificate on the record, which has not been denied by the prosecution, issued by Dr. Tayyaba Sultan, which appears to show that Gohar Khatoon, who was the son of Abdul Wahab, was injured. It is alleged that the accused party had caused him these injuries. The post-mortem report concludes that Rasheed Ahmed died due to the strike on his head inflicted by Hazoor Buksh. Whether the applicant was present and whether he shared a common intention with Hazoor Buksh to murder Shah Nawaz is required to be determined at trial. One of the accused, who was identified by the complainant subsequently as Abdul Wahab and who too allegedly hit the deceased with danda, was granted bail, and hence, the applicant who is also accused of hitting Rasheed Ahmed on his buttock, is entitled to the same concession on the grounds of consistency.

5.       Above are the reasons for the short order dated 16.01.2025. 

Judge