IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.2879 of 2025
[ Essa son of Bachu Babar & Another versus
The State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
-----------------------------------------------------
04.02.2026
M/s Muhammad Daud
Narejo and Kamran Ali, advocates for applicants
Mr.
Sharafuddin Kanhar, APG
Mr.
Ghulam Shabbir Babar, advocate for complainant
Dr.
Abdul Rasheed, Medical Officer, R.H.C. Jhirk
PI
Zahid Shaikh, SHO P.S. Keenjhar, Thatta
-------------------------------------------
SHAMSUDDIN
ABBASI, J.- Applicants/accused Essa
son of Bachu Babar and Dilawar son of Bachayo Babar seek pre-arrest bail in FIR
No.62/2025, registered at P.S. Jhrik for offence under Sections 324, 337-F(vi),
337-A(iv), 337-A(i), 337-I(2), 506-B, 504 and 109, PPC, after rejection of their
bail plea by learned Additional Sessions Judge-I/M.C.T.C., Thatta vide order
dated 15.09.2025.
2. Brief
facts of prosecution case are that on 07.08.2025 at 1200 hours, complainant
Soomar lodged FIR at P.S. Jhrik, alleging therein that they have not good terms
with Essa Babar and others over using path/road. On 12.07.2025, complainant's
son-in-law Gul Hassan Babar and Umer Babar were going from Village through
katcha path, meanwhile accused Essa Babar armed with hatchet, Dilawar Babar
with lathi, Ameer Babar and Moharran armed with iron trowels (rambos) came at
the place of incident and started abusing Gul Hassan to which Gul Hassan restrained
them but accused Essa attacked upon him with sharp sided hatchet with intention
to commit his murder and caused hatchet injuries on his forehead and left side
of his cheek whereas accused Dilawal gave lathi blows to Gul Hassan at his face
and other parts of body, then remaining accused, namely, Ameer Babar and
Moharram Babar caused iron trowel blows to Gul Hassan at his face, cheek and
other parts of body. Accused Essa caused hatchet injury at the backside of head
of Umer in order to kill him, thereafter rest of accused gave lathi and iron
trowel blows to Umer. Meanwhile, Naseebullah Babar and Aslam Babar rescued Gul
Hassan and Umer from clutches of accused. Thereafter, vehicle was arranged and
injured were shifted to Civil Hospital Hyderabad, as injured Gul Hassan was in
serious condition, where they received treatment for two days. After completing
legal formalities as well as treatment of injured and receiving medical
certificates, complainant lodged the instant FIR.
3. Learned
counsel for applicants mainly contended that applicants are innocent and they
have been falsely implicated in this case for mala fide intentions and ulterior
motives; that there is inconsistency between the medical evidence and ocular
version as it is alleged in FIR that applicant Essa caused sharp sided hatchet
blows to injured Gul Hassan on his forehead and other parts of body but medical
evidence reflects that Gul Hassan received injuries on his face caused by hard
blunt substance; that applicants are behind the bar without any progress in
trial; that case has been challaned and applicants are no more required for
further investigation, hence he prays for grant of post arrest bail to
applicants.
4. On
the other hand, learned A.P.G., assisted by learned counsel for complainant opposed
for grant of bail on the ground that applicants are nominated in the FIR with
specific role of causing injuries to Gul Hassan and Umar; that ocular version
is corroborated by medical evidence; that during investigation, hatchet and
other incriminating material have been recovered from the possession of the
applicants, which connect them with the commission of alleged offence; that
Section 324, PPC is attracted, which brings the case of the applicants within
the ambit of prohibitory clause of Section 497, Cr.PC.
5. Heard
learned counsel for applicants as well as learned A.P.G., assisted by learned
counsel for complainant, and perused the material available on record.
6. Admittedly,
there is a delay of 27 days in lodging of FIR, without any plausible
explanation. It is the case of prosecution that Applicant Essa caused sharp
sided hatchet injury to Gul Hassan on his forehead and on cheek, applicant
Dilawar caused baton blow to Gul Hassan on his face and other parts of his
body; accused Ameer and Moharam also caused iron trowel (Rambo) blows to Gul Hassan (injured) on his face and other parts of
the body. Medical Officer present in Court submits that injured Gul Hassan had
received three injuries on his face which all were caused by hard blunt
substance. In my humble view, there is inconsistency between medical evidence
and ocular version. This case requires further inquiry in terms of Section
497(2), Cr.PC. Reliance is placed on the case of Muhammad Ameen versus the
State (2022 SCMR 1444). Applicability of Section 324, PPC is yet to be
determined at the trial. Reliance is placed on the case of Jamaluddin versus
the State (2023 SCMR 1243). It is settled proposition of law that benefit of
doubt can be extended to the applicants at bail stage as held by the Supreme
Court of Pakistan in the case of Naveed Sattar versus the State (2024 SCMR
205). Therefore, the applicants are admitted to post arrest bail, subject to
furnishing solvent surety in the sum of Rs.100,000/-
each and P.R. bond in the like amount to the satisfaction of the trial
Court.
7. Needless
to mention here that the observations made hereinabove are tentative in nature,
the same would not prejudice the case of either party at trial.
8.
Instant criminal bail application
is disposed of in the above terms.
J
U D G E
Gusher/PS