IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.80 of
2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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12.02.2025
Mr. Tahir-ur-Rehman Tanoli, advocate
for applicants/accused
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
M/s Masood Afridi & Mutawali
Khan, advocates for complainant
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SHAMSUDDIN ABBASI,
J.—Applicant Habibullah son
of Abdul Karim Guru seeks post arrest bail in FIR No.615/2024, registered at
P.S. Docks, Karachi for offence under Sections 324/337-F(iii), 427, 34, PPC after
rejection of bail plea by learned Additional Sessions Judge-IV, Karachi West vide
order dated 04.01.2025.
2. Brief
facts of the prosecution case are that on 01.12.2024 at 0300 hours complainant
Azizullah Khan was going to home on his motorcycle with his fried Zubair Ahmed,
when the applicant along with other three accused intercepted them and all four
accused fired from their respective weapons at the complainant party and his
friend Zubair Ahmed had received firearm injury on his leg as well as on
motorcycle.
3. Learned
counsel for applicant submits that the allegations are generalized in nature
against all four accused and single injury has been received by PW Zubair Ahmed
on his leg, which is a non-vital part of the body, therefore, question of
applicability of Section 324, PPC is yet to be determined at trial. However,
said injury was declared under section 337-F(iii), which does not fall within
the ambit of prohibitory clause of Section 497, Cr.PC and the case of the
applicant requires further inquiry in terms of Section 497(2), Cr.PC.
4. On the
other hand, learned Additional Prosecutor General Sindh, assisted by learned
counsel for complainant, submits that specific role has been assigned to the
applicant and PW Zubair Ahmed had received firearm injury on his leg and the
applicability of Section 324, PPC is very much attracted in the present case, therefore,
he is not entitled for concession of bail. Learned Additional Prosecutor
General Sindh further submits that there is no criminal record of the
applicant, except this case. She opposed the concession of bail to the
applicant/accused.
5. Heard
learned counsel for applicant/accused as well as Additional Prosecutor General
Sindh and counsel for complainant and perused the material available on record.
6. Admittedly
there is a delay of three days in lodging of FIR and no plausible explanation
has been furnished by the complainant for such inordinate delay; the background
in lodging of FIR after deliberation and consultation cannot be ruled out. Per
FIR, applicant along with three other persons fired on the complainant party
and only single injury was received by PW Zubair Ahmed on his leg. Per medical
certificate said injury was declared as “ghayr-jaifah mutafahimah”, it falls under section 337-F(iii), PPC,
which is punishable for 3 years and question of applicability of Section 324,
PPC is yet to be determined at trial; that case has been challaned and the
applicant is no more required for investigation purpose. Sufficient grounds are
available to make out the case of applicant of further inquiry in terms of
Section 497(2), Cr.PC. Resultantly, bail is granted to the applicant/accused Habibullah
in the aforesaid FIR, subject to his furnishing solvent surety in the sum of Rs.100,000/-
and P.R. bond in the like amount to the satisfaction of the trial Court.
7. Needless
to mention here that the observations made hereinabove are tentative in nature,
the same would not influence the trial Court while deciding the case of the applicant/accused
on merits.
J
U D G E
Gulsher/PS