ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-346 of 2014

Date	Order with signature of Judge

For hearing of bail application

13-08-2018

Mr. Ali Gul Abbasi, Advocate for applicant

Mr. Mir Afzal Hussain Talpur, APG

12-09-2014

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O R D E R

Amjad Ali Sahito, J. Applicant Abdul Salam is present on interim bail and matter is fixed for confirmation or otherwise.

2. Brief facts of the prosecution case are that on 13.04.2014 at evening time complainant along with his son Waheed Ali and nephew Shamsuddin were present in the house at about 7.00 p.m when complainant party saw and identified to be accused Muhibullah, Saeed , Abdul Razzak duly armed with TT pistols , Nadir , Inayatullah and three unidentified accused armed with guns came there. Accused Mohibullah abused to complainant party that today they will not spare them and would commit their murder on refusal of hand, wile sayig so accused Saeed fired upon complainant Rehmatulah and accused Muhibullah fired upon son of complainant namely Wheed with pistols which hit the complainant on abdomen and left arm and Waheed sustained firearm injury on the thigh of left leg. On cries and fires shot of pistols, PWs Deedar, Naveed and villagers came running there and accused fled away by making aerial fining. Thereafter complainant and injured brought were at police station by the witness and after obtaining letter for treatment they appeared at civil hospital from where complainant was referred to Hira Hospital Sukkur and injured Wheed Ali was referred to Civil Hospital Larkana. After getting medical treatment complainant appeared at Police station and lodged FIR.

3. Learned counsel for the applicant/accused contends that applicant/accused is innocent and has falsely been involved in this case by the complainant due to previous dispute over matrimonial affairs; that there is delay of about eight days in lodging of FIR which has not been explained by the complainant; that the statement of injured witness Waheed Ali is contradicted to complainant where injured waheed Ali alleged for causing injury to him and his father complainant by accused Mohibullah; that during investigation applicant was found innocent and his name was kept in column-II and subsequently in reinvestigation he was arrayed as an accused; that as per statement of PW Waheed Ali the present applicant is assigned general role of aerial firing which requires further inquiry. He lastly concluded that the applicant/accused is regularly attending this Court as well as trial Court and has not misused the concession of interim bail granted to him, therefore he prayed for confirmation of bail.

4. Learned APG opposed the confirmation of bail and submitted that applicant/accused is nominated in the FIR with specific role of firing and the offence falls within the prohibitory clause of Section 497 Cr.P.C.

5. I have heard learned counsel for the parties and perused the material available record. Perusal of record reveals that the incident had occurred on 13.04.2014 at 7.00 pm and was reported at Police Station on 21.04.2014 at 5.30 p.m hence there appears delay of eight days in lodging the FIR. Enmity has been admitted by complainant in the FIR. After investigation name of the present applicant was kept in column-II of the challan, however, in reinvestigation he was arrayed as an accused. Learned counsel for the applicant filed true copy of order dated 19.12.2017 passed by Additional Sessions Judge Gambat, which shows that complainant party compounded the offence with accused Mohibullah and he been acquitted u/s 345(6) Cr.P.C. Progress report called from the learned trial Court reveals that applicant/accused is attending the Court regularly, charge has been framed and matter is fixed for evidence. The applicant/accused is attending this Court as well as trial Court regularly and there is no allegation of misusing the concession of bail, therefore, I am of the considered view that applicant/accused has been able to make out the case for confirmation of bail. Accordingly, instant bail application is allowed and interim bail granted to applicant/accused vide order dated 23.06.2014 is confirmed on the same terms and conditions.

JUDGE

Suleman Khan/PA