ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail Application No.2103 of 2014

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DATE ORDER WITH SIGNATURE(S) OF JUDGE(S)

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04.08.2015

Mr. Muhammad Akbar Khan, advocate for applicant

Mr. Abrar Ali Khichi, Assistant Prosecutor General Sindh

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Applicant/accused Kamran Khan son of Akbar Khan has applied for pre-arrest bail in Crime No.281/2014 registered at Police Station Pak Colony, Karachi, under sections 324/147/148/149/427/504 PPC.

Brief facts of the prosecution case as disclosed in the F.I.R. are that on 21.07.2014 at 1700 hours present incident occurred in the street in front of the house of the complainant. It is alleged that Mst. Asia, sister of the complainant, was married to applicant/accused Kamran Khan. On account of strained relations of Mst. Asia with her husband Kamran Khan she came back to the house of her parents. It is further stated that accused Kamran Khan had maltreated his wife Mst. Asia. On the day of incident, at 1700 hours, Kamran Khan along with accused Murad Khan, Akbar Khan and Mst. Bibi and Imran Khan went to the house of the complainant and used abusive language. It is stated that Kamran Khan and co-accused Murad Khan were armed with pistols, they fired in the street with intention to kill the complainant and fires hit to the door. Thereafter, F.I.R. was registered under the above referred sections.

Applicant/accused Kamran Khan, Murad Khan, Imran Khan, and Akbar Khan applied for pre-arrest bail, such extra-ordinary concession was extended to all the above named accused except Kamran Khan by learned III Additional District Judge Karachi West vide order dated 18.11.2014, he approached this Court for the same relief.

Learned advocate for applicant/accused Kamran Khan mainly contended that this is a case of ineffective firing, co-accused Murad Khan, who was armed with pistol and made ineffective firing like Kamran Khan, has already been granted bail by the trial Court. He has submitted that evidence of the complainant has been recorded by the trial Court in which she has stated that accused persons fired upon her house. Lastly, it is submitted that after grant of interim pre-arrest bail, applicant/accused is regularly appearing before the trial Court. Serious mala fide on the part of complainant has been argued. In support of his contentions he relied upon the case of Muhammad Ramzan versus Zafarullah and another (1986 SCMR 1380).

Mr. Abrar Ali Khichi, learned Assistant Prosecutor General Sindh argued that name of applicant/accused Kamran Khan is mentioned in the F.I.R. and he had fired upon the door of the complainant. He opposed the bail application.

I am inclined to confirm the interim pre-arrest bail already granted to the applicant/accused Kamran Khan for the reasons that co-accused Imran Khan and Akbrar Khan, particularly Murad Khan, whose role is identical to that of the present applicant/accused, have already been granted pre-arrest bail by the trial Court vide order dated 18.11.2014. It is the matter of record that there is matrimonial dispute between the parties and role of ineffective firing is attributed to the accused. Investigation is complete, evidence of complainant has also been recorded by the trial Court. At this stage refusal of bail to applicant and remand to judicial custody would not serve any purpose. Moreover, in the identical circumstances, co-accused Murad Khan has already been granted bail by the trial Court. Serious mala fide on the part of complainant has been alleged due to matrimonial dispute. While relying upon the above cited authority and looking to the circumstances of the case, interim pre-arrest bail already granted to the applicant/accused Kamran Khan is confirmed.

JUDGE

Gulsher/PA