IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.1008 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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22.05.2025
Mr. Mallag
Assa Dashti, advocate for
applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
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Applicant/accused
Ziaullah son of Muhammad Ramzan
seeks post arrest bail in FIR No.343/2022, registered at P.S. Malir Cantt. Karachi, for offence
under sections 302, 109, 34, PPC, after rejection of his bail plea by learned
Additional Sessions Judge-VIII, Karachi vide order dated 10.04.2025.
2. Briefly
the facts of the case are that on 03.08.2022 at about 11:30 p.m. police officials
came to the shop of complainant and informed him that someone fired bullet
shots at his brother Muhammad Nawaz at front side road Pream
Villas due to which he died and his dead body has been referred to Jinnah
Hospital. He along with other relatives reached Jinnah Hospital where he saw
that his brother was lying dead. Police prepared memo in his presence and the
doctor conducted postmortem examination, thereafter dead body was handed over
to him for funeral purpose. In the year 2016, his said brother contracted
second marriage with Mst. Kulsoom
Bhatti in Punjab, which annoyed her family members
and his brother registered a case against them at P.S. Malir
Cantt. In the year 2020, they attacked upon him in Sahiwal, such case was also registered at P.S. Sahiwal and they extended threat of murder to his brother.
Complainant has suspicion that brothers of Mst. Kulsoom, namely Tariq, Ziaullah,
Muhammad Ramzan and their cousins Sadiq,
Ali Hassan, Nazeer Ahmed and other unknown persons have
committed murder of his brother, hence the subject FIR.
3. Learned
counsel for applicant mainly contended that case of applicant is on identical
footings to that of co-accused Tariq and Sadiq, who
were granted bail by learned trial Court as well as by this Court. That accused
Tariq, Sadiq and Ziaullah
were arrested on 15.09.2022 whereas complainant in his statement has stated
that they were was on 18.09.2022.
4. On the
other hand, learned Additional Prosecutor General Sindh opposed for grant of
bail on the ground that there is difference between the case of present
applicant/accused and that of co-accused as no specific role has been to co-accused Tariq and Sadiq.
5. Heard
learned counsel for applicant as well as Additional Prosecutor General Sindh and
perused the material available on record.
6. Learned
counsel for applicant mainly agitated this criminal bail application on the
ground of rule of consistency. Perusal of record shows that there is difference
between the case of co-accused Tariq and Sadiq and
that of present applicant on the ground that present applicant/accused has
actively participated in the commission of offence by causing iron rod blow at
the head of deceased and such evidence has been corroborated by medical
evidence. Record further reveals that iron rod used by the applicant in
commission of offence has been recovered on his pointation
on 20.09.2022. I am of the view that learned trial Court has rightly observed
that rule of consistency is not applicable in the present case,
therefore, instant criminal bail application is dismissed.
7. Needless
to mention here that observations made herein above are tentative in nature and
would not prejudice the case of either party at trial.
J U D G E
Gulsher/PS