IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

       Crl. Bail Application No.S-579 of 2021        

       Crl. Bail Application No.S-580 of 2021

 

DATE OF

HEARING

 

ORDER WITH SIGNATURE OF JUDGE.

 

1.     For orders on O/objection at flag-A.

2.     For hearing of bail application.

 

 

14.10.2021

 

 

Mr. Achar Khan Gabole Advocate for applicants.

Mr. Safdar Ali Ujjan Advocate for complainant.

Syed Sardar Ali Shah DPG for state.

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            O R D E R

 

 

 

 

ZAFAR AHMED RAJPUT;           By this common order, I intend to dispose of aforementioned both Crl. Bail applications as the same being arising out of same FIR have been heard by me together.

 

Having been rejected their earlier Crl. Bail applications bearing Nos.1162 of 2021 and 1107 of 2021 by learned Ist Assistant Sessions Judge, Naushehro Feroze vide orders dated 14.07.2021 and 30.07.2021 respectively, applicants/accused Razi Khan son of Abdul Ghafoor Abro and Khadim Hussain son of Bakhshal Kalhoro through captioned Crl. Bail applications seek post-arrest bail in Crime No.02 of 2021 registered at Police Station, Tagar district Naushehro Feroze under Sections 324, 337H(ii), 147, 148, 149, 504, PPC.

 

2.     As per FIR, on 30.06.2021 at about 03:00 p.m, present applicants along with three unknown co-accused, duly armed with deadly weapons were members of an unlawful assembly and in prosecution of common object of such assembly, applicant Razi Khan fired upon Abdul Hafeez and Gulzar Ahmed, the brothers of complainant, causing injuries at left leg, of injured Abdul Hafeez and left foot of injured Gulzar Ahmed for that the applicants/accused were booked in the FIR. 

 

 

3.     After hearing the learned counsel for applicants, complainant, Deputy Prosecutor General and perusing the material available on record it appears that though it has been asserted in the FIR that injured Gulzar Ahmed sustained a fire arm injuries; however, the medico-legal certificate of the said injured suggests that the alleged injury i.e. ‘Ghyr Jaifah Damihah’ was caused to said injured due to using hard blunt substance while the injury sustained by the other injured namely Abdul Hafeez has been declared in final medico-legal certificate as  “Ghyr Jaifah Damihah” which is not cognizable and bailable under section 337F(i), PPC.

It is an admitted position that the alleged injury is on non-vital part of the body of the injured. Had there been any intention of the applicants to kill the injured then there would have been injuries on a vital part of their bodies hence, therefore, it is yet to be seen if applicants  in circumstances had any intention to kill the injured and such question could only be determined at trial. As such case of the applicants is covered under Sub-Section (2) of Section 497 Cr.P.C requiring further inquiry. Accordingly, the applicants are admitted to post-arrest bail subject to their furnishing solvent surety in the sum of Rs.50,000/- each (Rupees Fifty thousand) and PR bond in the like amount to the satisfaction of learned trial Court.

 

4.     Needless to mention here that in case applicants in any manner misuse the concession of bail, the trial Court shall be at liberty to recall the same after serving the requisite notice as per law.  

 

 

        Both bail applications stand disposed of.

 

        Office is directed to place copy of this order in above captioned Crl. Bail application.

                                                                                                        J U D G E

 

 

 

 

 

 

Ihsan