ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Crl. B.A No.S- 292      2012

DATE	ORDER WITH SIGNATURE OF JUDGE

For Hearing

21.1.2013

Mr. Habib-ur-Rehman Shaikh, advocate for applicants.

Miss Shazia Surahio, State counsel.

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Muhammad Shafi Siddiqui, J.-          The applicants have moved this bail application in respect of an offence registered as crime No.91 of 2012 at Police Station New Fojdari under sections 392, 337-F(i), 506/2, 342, PPC. 

2.         Brief facts of the case are as under :-

            The brief facts of the case are that complainant Alif Khan Kharos lodged F.I.R at Police Station New Foujdari on 23.4.2012 at 1200 hours alleging therein that he is  doing the work of cultivation. On 16.4.2012 he took his Coriander seed of his cultivation and went to Sukkur Mandi where he sold the  same at Sukkur Mandi and received produce amount of Rs.12000/-. He was coming back to his village. Saindad s/o Punhal and Ranjhan s/o Illahi Bux were also with him in the wagon and they alighted at Sunny hotel and by central way they were going to Lakhidar side. It was 6-00 p.m. when they crossed railway crossing, they saw one  police mobile in which S.H.O PS Dakhan Imdad Shar, HC Shabir  Malgani and three  unknown police constables who were also wearing police dress and were armed with official weapons. SHO Imdad Shar seeing them asked other officials to catch them hold because they have come to their range today. They apprehended all the three and put them in police mobile and brought them at PS Dakhan where they alighted them from mobile and during search they took out cash of Rs.12500 (Twelve Thousand Five Hundred Rupees) from him and from Saindad cash of Rs.2000/- (Two thousand rupees) and from Ranjhan Rs.1000/- (One thousand rupees) . SHO Imdad Shar asked his staff to catch them and put on ground, they put him on ground like a goat and they took stick (used for grinding bhung) and SHO Imdad Shar caused him blow by force which hit him on his left leg on finger joints, he cried. On his cries HC Shabir Malgani received the stick from S.H.O Imdad Shar and caused him blow. He tried to rescue him but police constables caught him. He gave him name of Allah and Prophet that he has minor children therefore may not kill him then they left him and confined them in lock up. Due to pain of injuries he raised hue and cry  and gave them name of Allah to shift him to Hospital otherwise he will die but they did not hear him and passed the night with serious pain. In the morning S.H.O Imdad Shar and HC Ghulam Shabir Malgani left all of three by abusing that he has taught lesson and extended them threats that in case they cried  against them they will finish him by way of encounter. The complainant demanded the amount snatched by them during search but they totally refused. The complainant party came out from there and went to DSP City for complaining  where they were not allowed to meet with him. Thereafter they went to PS New Foujdari and met with Subedar and narrated him the above story who refused to register FIR hence he became disappointed and came to Honourable Court with the prayer that above named accused have committed illegality and have maltreated him and confined him and his relatives and  robbed cash and prayed that direct S.H.O PS New Foujdari for recording his FIR which will meet the ends of justice.

3.         It is contended by learned counsel for the applicants that there is delay of seven days in lodging of FIR without plausible explanation and that the FIR is silent as far as motive of the applicants is concerned. It is further submitted that during the investigation, investigation officer found the case to be false and the applicants/accused were found innocent and the I.O recommended the disposal of the case accordingly but the learned Magistrate did not agree with the opinion of police and ordered for submission of challan. Thus it is a case of further enquiry.

4.         Learned State counsel opposed the bail application and submitted that delay in lodging FIR has been explained since the FIR was lodged  pursuant to the orders passed by District & Sessions Judge, Shikarpur. That as far as the recommendation of the I.O for the disposal of the case under false class is concerned it has no concern whatsoever with the present bail application as the report of the I.O was not accepted and was directed to submit report accordingly.

 5.        Heard learned counsel and perused the record.

6.         It appears that in the FIR categorical allegations were  raised against the two applicants. It was categorically mentioned in the FIR that they were brought in the police mobile at Police Station Dakhan where cash was  taken from them. It was further mentioned in the FIR that on cries of Shabir Malangi he was beaten by the SHO Imdad Shar. Despite asking for mercy the applicants did not allow them to go they were beaten mercilessly ultimately, in the morning both the applicants left the Police Station by abusing that they have taught lesson for extending threats. They also did not return the amount that was taken by the applicants. It is alleged that they went to DSP as well as to Police Station New Fojdari for appropriate action however, all in vain and ultimately FIR was registered under the orders of the District & Sessions Judge, Shikarpur. The document  which is a root  cause in deciding the instant bail application is a final medicolegal certificate issued on 23.4.2012 in terms whereof Alif Khan son of Ali Bux Khrose the complainant, shown that  in terms of    X-Ray of left foot, fractures were seen in first  and second metatarsal bones with soft tissue swelling and dislocation of calcanium. The injury No.1 opined by the doctor is  Jurh Ghayr Jaifah Hashima caused by hard blunt substance (history of violence) . 

7.         The ground that has been taken by the applicants does not reveal any  enmity between the applicants and the complainant, therefore, there is no justification in arguing this ground that the FIR was lodged on the basis of enmity between the parties. Despite this, it is not just simple lodging of FIR. The final medicolegal certificate confirms fracture in the first and second metatarsal bones with soft tissue swelling and dislocation of calcanium. The applicants, who are the police officials have no answer to respond to this medical report. It counts little that the complainant is an absconder in a case as referred by the applicant as such abscondence does not permit the applicants to use their authority in the way it is shown by the complainant by brutally beating them. There is hardly any ground/substance in the arguments raised by the applicants’ counsel. Accordingly the bail application was dismissed vide order dated 21.1.2013 and these are the reasons for the same. 

                                                                                                Judge

Abid H. Kazi