ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1^st Crl. Bail Application No.S-345    of   2024

Date                           Order with signature of Hon’ble Judge

1. For orders on office objection.

2. For  hearing of Bail Application.

Mr. Habibullah G. Ghouri, advocate for the applicant.

Mr. Ali Anwar Kandhro, Additional Prosecutor General.

Mr. Rafique Ahmed K. Abro, advocate for the complainant.  

Date of Hearing      : 03.02.2025.

Date of decision      : 17.02.2025.

O R D E R

Omar Sial, J.-  Ghulam Akbar Ujjan has sought post-arrest bail in Crime No. 2/2023 under sections 324 and 34 P.P.C registered at the Kamber City police station.

2.         On 05.01.2023, Husna Khatoon lodged this FIR. She narrated that her son Irfan Ali was wedded to Safia. Out of the wedlock, they had two sons and two daughters. Safia had a rift with Irfan Ali and separated from him. Irfan persistently tried to patch up with her and take her back home but to no avail as Allah Waryo, i.e., Safia’s father, did not allow her to return. Safia’s family wanted to have one of her daughters married, but Irfan resisted the proposal. This caused a heated exchange among the family members. On 03.01.2023, the complainant and her son Ghulam Rasool were going to the hospital. On the way, they met Irfan Ali. Three people then stepped out of Allah Waryo Gopang’s house and were identified as Ahsan Ali, Nasir, and Ghulam Akbar. Ahsan Ali fired at Irfan Ali, which hit him on his right arm. Ghulam Akbar also opened fire at Irfan Ali, which also hit his right arm.

3.         I have heard the learned counsel for the applicant, the complainant, and the Addl. Prosecutor General. My findings and observations are as follows.

4.         The prosecution version is that Ahsan Ali and the applicant both fired their pistols and the bullets hit Irfan Ali on his right arm. However, this version is negated by the final medical report, which shows only one fire-arm injury. The doctor has further opined that three other injuries on the body of Ifan Ali were caused by a "hard and blunt substance." According to the prosecution case, the third co-accused, Nasir, and not the applicant, had a lathi. Upon a tentative assessment, the medical evidence does not reconcile with the ocular version, making the case against the applicant one of further inquiry. 

5.         Given the above, he is admitted to bail against the surety of           Rs.200,000 and a P.R. Bond in the same amount to the satisfaction of the learned trial court.

                                                                                                            JUDGE

Qazi Tahir PA/*