IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Bail Application No. S- 739 of 2024

Applicant:                                          Habibullah Chandio son of Ali Nawaz  

                                                            Though Mr. Muhammad Ali Pirzada,                                                                                Advocate

Complainant:                                    In person.

The State:                                          Through Mr. Ali Anwar Kandhro, Additional Prosecutor General, Sindh

Date of hearing:                               07-01-2025

Date of order:                                   07-01-2025

O R D E R

AMJAD ALI SAHITO, J:-   Through instant criminal bail application, the applicant, seeks post arrest bail in Crime No.91/2024, registered at Police Station   Waggan (PP Lalu Rounk), for offence under sections 302,34 PPC. Prior to this he filed such application but the same was turned down by the Court of 1st. Additional Sessions Judge/MCTC, Kamber vide Order dated 02.12.2024; hence he filed instant criminal bail application.

2.                     The details and particulars of the F.I.R. are already available in the bail application, same could be 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 has been falsely implicated in this case; that this is an unseen incident and there is no role against the applicant/accused. He has also relied upon a letter dated 07.10.2024 wherein the claim of the learned Counsel for the applicant is that the applicant was present before the Consumer Protection Court at Kamber, however, when it was inquired whether there is any case diary, he replied negative and lastly prayed for grant of bail.  In support of his contention he relied upon the case of Sajid V. Samin ur Rehman (Deceased) through his father and others (2021 SCMR 138) and Sanaullah Khuharo and others v. The State (2020 P Cr.LJ Note 59).

4.         On the other hand complainant present in court as well as learned Additional Prosecutor General, Sindh vehemently opposed the grant of bail and states that sufficient material is available on the record as he has participated in the commission of offence as such he is not entitled for the grant of bail.

5.                     Heard and perused.

6.                     The case of prosecution is that son of the complainant was booked in a theft case and he was arrested by police and when the complainant tried to get his son released he found that during his detention at police station he was miserably tortured by the SHO, Masroor Ali Shah, ASI Zafar Ali, and PC Habibullah and other persons at policed station as such this case is police custodial death and then dead body of deceased Fateh Muhammad was found in civil hospital where complainant saw that he was several injuries on the body and his neck was cut thereafter they brought him and completed the funeral ceremony. He has lodged F.I.R. and nominated the present applicant along with co-accused. At bail stage only tentative assessment is to be made. Sufficient material is available on the record that during police custody he was murdered by the police officials.  

            In view of above, instant bail application is dismissed. Interim pre arrest bail already granted to the applicant is hereby recalled. Learned Additional Prosecutor General, Sindh requests for custody of the applicant/accused as such he is taken into custody and handed over to the SHO, P.P Lalu Raunk Police station Wagan for further investigation.

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

S.Ashfaq