ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD
Cr.Bail.Appl.No.S- 608 of 2010
DATE ORDER WITH SIGNATURE OF JUDGE
03.11.2010
Mr. Aijaz Ahmed Shaikh, Advocate for applicant.
Mr. Shahid A. Shaikh, A.P.G for the State a/w injured Asif Shehzad.
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This order will dispose of Criminal Bail Application No.S-608/2010 filed by applicant Muhammad Ayoob alias Sheedi whereby he seeks post arrest bail in Crime No.287/2009 of Police Station Market registered U/s 324, 504, 337-F(iii), 34 PPC.
Briefly stated facts of the prosecution case are that on 14.12.2009 complainant Wajid Ali alias Wajoo was available at his home when he heard fire shots on which he came to the Gallery of his house where his neighbourers Behroz Ali and Asad Ali informed him that accused Ayoob alias Sheedi has caused bullet injuries to his brother Asif Shehzad. Complainant immediately reached at Jooray ka hotel and saw that PW Behroz Ali and others were rushing his brother Asif Shehzad in a Rickshaw to hospital. Complainant also followed them. After treatment injured Asif Shehzad disclosed that he was taking meal at Joora ka hotel, PWs Behroz Ali and Asad Ali were also present there, meanwhile accused namely Ayoob alias Sheedi, Malik Yousif, Malik Haider and Ahsan Ali duly armed with pistols came there and after abusing him asked him to withdraw from House No.2762 as well as withdraw from the case filed by him in the Court but he refused on which accused Ayoob alias Sheedi became frivolous and fired at him from his pistol. Resultantly, he sustained three bullet injuries at his leg and fell down. He raised cries on which accused fled away. Leaving the injured Asif Shehzad in the hospital, complainant appeared at Police Station and lodged the report.
The bail plea of the applicant was turned down by the trial Court vide order dated 5.8.2010.
It is inter alia contended that prosecution story is false and concocted one; the applicant is innocent and has no nexus with the above offence; he has been falsely implicated in the case due to previous dispute; the FIR is belated by four hours without any reasonable explanation; there is inconsistency between medical evidence and ocular version, the injuries suffered by Asif Shehzad are not described as dangerous to his life; neither the crime empties were recovered from the place of occurrence nor police observed blood stains at the place of incident; injuries sustained by injured are on non-vital part of the body and same fall U/s 337-F(iii) which is punishable upto 03 years; 161 Cr.P.C statements of PWs have been recorded after 11 days which do not carry any weight. In support of his contentions, learned counsel has placed reliance on the cases reported as Umar Hayat Vs. The State and others (2008 SCMR 1621), Muhammad Umar Vs. The State and another (PLD 2004 Supreme Court 477) and Rehan Vs. The State (2009 SCMR 181), respectively.
On the other hand, learned Assistant Prosecutor General for the State opposed the bail application on the ground that name of the applicant appears in the FIR. He has caused fire arm injuries to the injured.
Injured Asif Shehzad also opposed the bail plea of the applicant and stated that he had received fire arm injuries at the hands of applicant therefore, his bail application be dismissed.
Heard learned counsel for the parties as well as injured Asif Shehzad and perused the material available on record.
Upon a perusal of medical certificate, it appears that the applicant fired upon the leg of injured Asif Shehzad therefore, prima facie, I am of the opinion that he had no intention to fire upon the vital part of the injured Asif Shehzad for purpose of launching murderous assault. Moreover, from the place of occurrence neither the empties were secured nor blood stains were observed. Nature of injuries found on the person of the injured are punishable upto 03 years, therefore, case of the applicant prima facie does not fall within the prohibitory clause of Section 497 (1) Cr.P.C.
In the case of Rehan (Supra), bail was granted to the accused on the ground that in discriminating firing was attributed to all the accused but from the spot no crime empty was recovered nor any blood stains were observed and the injuries sustained by the complainant on his back were not described as dangerous to his live.
In the case of Muhammad Umar (Supra), the accused was granted bail by their lordships as according to medical certificate accused had allegedly fired upon the outer side of the right leg’s middle part of the injured witness and prima facie, he appeared to have no intention to fire upon any vital part of the said witness for the purpose of launching murderous assault. Challan was submitted in the Court and it was observed that no useful purpose could be served by keeping the accused in custody.
For what has been discussed above, I am of the considered view that applicant has not committed the offence punishable with imprisonment for life or ten years. Consequently, applicant was directed to be released on bail upon furnishing solvent surety in the sum of Rs.100,000/- and P.R Bond in the like amount to the satisfaction of the trial Court vide short order dated 3.11.2010.
Above are the reasons of said short order.
JUDGE
Tufail