ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Bail  Appln.  No.S-436    of  2013

DATE OF HEARING

 

ORDER WITH SIGNATURE OF HON’BLE JUDGE.

04.11.2013.

1. For orders on office objection.

2. For hearing.

Mr. Ahmed Bux Abro, advocate for the applicant, alongwith the applicant.

 

Mr. Khadim Hussain Khooharo, D. P. G.

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                   Applicant Ali Sher Patoojo seeks pre-arrest bail in crime No.27/2013, registered at P.S Faridabad, District Dadu, for offence under Sections 324, 114, 147, 148, 149, 504, PPC.  He was admitted to interim pre-arrest bail by this Court on 27.9.2013, which is fixed today for confirmation or otherwise.

                   The allegation against the applicant/accused is that on 5.7.2013, when complainant Nabi Bux alongwith Aijaz were working at their plot by tractor, when at about 0630 hours the present applicant alongwith his companion duly armed with weapon and hatchet came there and started abusing to the complainant party.  It is also alleged against the applicant that the present applicant at the instigation of accused Ali Nawaz has made direct fire upon complainant, which hit him on his left shoulder, hence this case.

                   I have heard the learned Counsel for the applicant/accused, learned D.P.G., and have gone through the police file available before me.

                   Learned Counsel for the applicant/accused has argued that the case against the present applicant is false and has been registered due to enmity over plot.  He has further submitted that the allegation against the applicant is that he has caused only one firearm injury, which hit to the complainant on his left shoulder and the medicolegal officer described this injury as “Ghayr Jaifah Mutalahimah”, which falls under Section 337-F(iii), PPC, for which the punishment is not more than three years, thus, according to him, the case of the applicant on this score does not fall within the prohibitory clause of Section 497, Cr.P.C.  He has further submitted that challan against the applicant/accused has already been submitted before the trial Court, where the present applicant/accused is facing trial.  In case if this bail application at this stage is rejected/dismissed, no fruitful purpose would achieved.  Learned Counsel for the applicant/accused has relied upon the case of Rehmatullah v. The State, reported in SBLR 2012 Sindh 113.

                   Learned D.P.G., has opposed this bail application, on the ground that the name of the applicant is appearing in the F.I.R with specific allegation that he has caused firearm injury to the complainant with intention to commit his murder.

                   After hearing the learned Counsel for the parties, I have come to the conclusion that no doubt the name of the applicant/accused is appearing in the F.I.R with allegation that at the time of incident the present applicant/accused duly armed with DBBL Gun caused firearm injury to the complainant, which hit him on his left shoulder.  It is an admitted fact that injured received firearm injury on non-vital part of the body.  As per record, injured/complainant was at the mercy of the applicant/accused, but applicant/accused had not repeated the fire shot.  Injury attributed to present applicant/accused has been described by medicolegal officer as “Ghayr Jaifah Mutalahimah”, which has not been declared as dangerous.  Even otherwise, this injury falls under Section 337-F(iii), PPC, for which the punishment is not more than 03 years.  Thus, it appears that the case of the applicant/accused does not fall within the prohibitory clause of Section 497, Cr.P.C.  Co-accused have already been granted bail by the learned trial Court.  Challan against the present applicant/accused has already been submitted, therefore, under the circumstances, if at this stage this bail application is rejected, no fruitful purpose would achieved.  I under these circumstances finding no exceptional circumstances in this case confirm the bail of the applicant/accused on the same terms and conditions, with direction to the applicant/accused to appear before the trial Court to face trial.      

                  

                                                                                                JUDGE