IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

 

Criminal Bail Appln. No. S-684 of 2024

 

 

Applicant

 

Ghulam Nabi

 

 

Through Shahbaz Ali M. Brohi, advocate

 

 

 

Complainant

 

Mst. Hidayatan

(called absent.

 

 

 

The State

 

Mr. Aitbar Ali Bullo, D.P.G for the State

 

 

 

Date of hearing

 

03-03-2025

Date of order

 

05-03-2025

O R D E R

OMAR SIAL, J.- Ghulam Nabi Jatoi seeks post-arrest bail in crime number 25 of 2019 registered under sections 302, 114, 337-H(ii), 148, 149 P.P.C. at the Rustam police station.

2.      The F.IR. was registered on 14.06.2019 on information provided by Hidayatan. She recorded that 12.06.2019 she, son-in-law Mohammad Ibrahim, daughter Jeeandani and sister-in-law Azeeman were out for some work when they were intercepted by Ghulam Nabi (with whom the Hidayatan family had an old enmity), Irshad, Dildar, Ashique Ali, Qaloo, Ali Mardan (all armed with Kalashnikovs), Ghulam Haider, Bagh Ali and two unknown persons (all armed with G-3 rifles). Ghulam Nabi fired at and killed Mohammad Ibrahim.

3.      The learned counsel for the applicant only argued statutory delay. The applicant has been in jail for four years, and the trial has not concluded. A report from the trial court was called that shows that the applicant had filed a bail application before the trial court after the order that has been impugned. The impugned order is dated 27.03.2023 while the trial court reported that a bail application filed by the applicant was fixed for hearing in December 2024. The grounds for statutory delay were not raised before the trial court in the bail application from which the impugned order dated 27.03.2023 emerged.

4.      Given the above, the bail application is dismissed. If no bail application was filed after the order dated 27.03.2023, the applicant will first file an application before the trial court on the ground of statutory delay. Suppose the learned counsel has made a mistake by impugning the wrong order, and the learned trial court dismissed his seeking bail on statutory delay grounds. In that case, he may file a fresh bail application in this Court impugning the correct order.

 

JUDGE

 

Abdul Salam/P.A