ORDER SHEET
IN THE HIGH COURT OF SINDH
CIRCUIT COURT, HYDERABAD
Criminal Bail. Appl. No.110/2010
Order with signature of Judge
17.08.2010
Mr. Noor ul Haq Qureshi Advocate for Applicant.
Syed Meeral Shah Deputy Prosecutor General Sindh
Mr. Aslam P. Sipio Advocate for the complainant.
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Ahmed Ali M. Shaikh J: By this order I intend to dispose of Cr. Bail Application No.S-110/2010, whereby the applicant Mushtaque Ahmed seeks bail in crime No.83/2006 of P.S. Tando Jan Muhammad registered u/s 302, 34 PPC.
2. The bail plea of the applicant/accused was turned down by trial court vide order dated 31.03.2009.
3. On 21.08.2006 complainant Muhammad Ibrahim s/o Muhammad Hashim lodged report with P.S. Sanghar which reads as under:-
“Complaint is that I, my brothers Mushtaque Ahed and Mukhtiar Ali by making adjacent house are residing together. There are hedge for safety and for exit and enter the iron gate is same. My wife Mst. Razia and her children are three sons and three daughters residing together. My brother Mushtaque Ahmed has a double barrel licensed gun. Today in morning my wife Razia went with my son Zaffar Ali in marriage of Allah Warrayo Banbhro and returned in noon time. I was on land near house then at about 1430 hours I heard two fire reports fro my house and cries, on which I immediately went to the house and on reaching near the house, saw that my brother Mushtaque had DBBL gun in his hand came outside the house and asked that I have murdered your wife, do what you can. I entered in the house saw that my wife Mst. Razia aged 45 years was lying on earth in the house, blood was oozing from chest and abdomen. My son Zulfiqar Ali and other family members were present there. My wife Mst. Razia told me that I returned back from marriage ceremony and was sitting in the house then brother in law Mushtauqe, having gun in his hand came and demanded Rs.5000/-, I replied that I have no money, who became annoyed and with intention to murder fired two shots upon me infront of elder son Zlfiqar Ali, which hit to me on left side of chest, left arms and abdomen. I fell down and Mushtaque went outside with gun, meanwhile my relatives Shahnawaz and Muhammad Nawaz both sons of Ali Nawaz and Anwar s/o Haji Khan Bhanbhro and others came, who also saw and heard the facts and we took my injured wife Mst. Razia to Civil Hospital Sanghar in Shahnawaz’s car, who succumbed the injuries, while leaving the dead body of deceased and witnesses in civil Hospital, I appear and complain that my brother Mushtauqe on not giving money has murdered my wife by fire. Investigation be done”
4. It is inter alia contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case as the applicant owns agricultural land admeasuring about 200 acres, which was left by his father as the applicant is abnormal person, therefore, since beginning the complainant had an evil eye over his property and he has been fixed in this case. Per learned counsel, FIR is delayed by 2 ½ hour without any proper explanation. It is further contended that the applicant had no enmity with the deceased but the complainant has malafidely involved him in this case in order to usurp his property. Per learned counsel all the P.Ws are relatives interse of the complainant. Learned counsel for the applicant lastly contended that post mortem report reveals that death has shown to have been occurred instantaneously whereas in FIR the complainant has stated that after receiving fire arm injuries deceased was alive and he was brought at Civil Hospital Sanghar, where he succumbed to the injuries. He further went on to say that from the place of wardat, two blue colour empty cartridges were recovered but in the memo of recovery, the I.O. did not mention the bore of such empties. Per learned counsel, the case of the applicant requires further inquiry as the conduct of the complainant creates doubt about the truthfulness of the prosecution version, therefore, no sanctity can be attached with it.
5. Conversely, Syed Meeral Shah Deputy Prosecutor General Sindh for the State duly assisted by Mr. Aslam Sipio Advocate for the complainant opposed the bail plea of the applicant on the ground that his name appears in the FIR and specific role is assigned to him, there is recovery of DBBL gun from the applicant, P.Ws Zulfiqar who is the eyewitness of the occurrence has fully supported the prosecution case in his 161 Cr.P.C statement.
6. Heard learned counsel for the parties and perused the record.
7. I have given anxious consideration to the submissions made by the learned counsel for the parties and have gone through the material available on record. From the perusal of record, it appears that the name of the applicant is mentioned in the FIR, which was lodged on the very same day; specific role of causing fire arm injuries is assigned to the applicant and it is specifically mentioned that he caused fire arm injuries to deceased Mst. Razia. P.Ws have also supported the case of the prosecution in their 161 Cr.P.C statements, which is further corroborated by the medical evidence and recovery of gun. The contention raised by the learned counsel for the applicant requires deep appreciation of evidence and it is well settled law that such exercise cannot be made while deciding bail application.
8. For the foregoing reasons, I do not find any merits in the bail application, which was accordingly dismissed by the short order dated 16.08.2010. However, trial court is directed to conclude the case within three months and submit compliance report.
JUDGE
A.K