THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail No.S-480 of 2022

Applicant:            Ghulam Mustafa alias Mugh through Mr. Mazhar Ali Bhutto, Advocate.

Respondent:        The State

Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  07.11.2022

Date of Order:     07.11.2022

O R D E R

AMJAD ALI SAHITO, J.- Through instant Criminal Bail Application, applicant/accused Ghulam Mustafa alias Mugh son of Ghulam Rasool Khokhar seeks post-arrest bail in Crime No. 30/2021, offence under Sections 302, 337-H(2), 148 & 149 PPC of the Police Station Kaiti Mumtaz. Prior to this, he filed such application, but the same was turned down by the Court of Additional Sessions Judge, Ratodero vide Order dated 08.09.2022; hence he filed instant Criminal Bail Application.

2.                The details and particulars of the F.I.R. are already available in the bail application  and F.I.R., same could not gathered from the copy of F.I.R. attached with such application, hence, needs not to reproduce the same hereunder.

3.                Per learned counsel, the applicant/accused is innocent and he has been falsely implicated in this case by the complainant with malafide intention and ulterior motives due to previous enmity; that the F.I.R. is delayed about 22 days without plausible explanation by the complainant; that infact the applicant is witness of Crime No.16 of 2013 registered at Police Station Kaiti Mumtaz. He further added that the allegedly the applicant/accused made fire from his K.K, which hit to the deceased Imamuddin Narejo, but there is no such exit wound. He further submitted that after investigation the name of the applicant/accused was placed in column-2, but the learned Magistrate did not agree with the report of the Investigating Officer and took cognizance against him. He further added that applicant/accused is in jail and is no more required for further investigation.

4.                Notice was issued to the complainant, but the process server reported that he is confined in jail in connection with Crime No.01 of 2022, registered at Police Jhabar Shaikh District Shikarpur.  On the other hand learned Deputy Prosecutor General has vehemently opposed the grant of bail to the applicant/accused.

5.                Heard and perused. Admittedly, name of the applicant/accused is appeared in the F.I.R. with specific role of straight firing on the deceased from his K.K, which hit to the deceased Imamuddin on his shoulder; as such specific role has been assigned against him.  At bail stage only tentative assessment is to be made. The ocular evidence finds support from the medical evidence, the P.Ws have also corroborated the version of complainant in their statements under section 161 Cr.P.C. Further the offence under section 302 P.P.C falls within the ambit of prohibitory clause of Section 497 Cr.P.C carrying capital punishment. Learned counsel for the applicant has failed out to make out the case for further investigation. Accordingly, instant Criminal Accordingly is dismissed having no merits.

6.                Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of either party at trial.

                                J U D G E

Manzoor