ORDER SHEET
IN THE HIGH COURT OF SINDH,
BENCH AT SUKKUR
Cr. Bail. Appln. No. S – 79 of 2019
Date Order
with Signature of Hon’ble Judge
For hearing of bail application
(Notice issued)
05.4.2019
Mr. Achar
Khan Gabole, Advocate for the Applicant
Mr.
Rukhsar Ahmed M. Junejo
Advocate a/w complainant
Syed Sardar Ali Shah, DPG for
the State
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Irshad Ali Shah, J;
It is alleged that the applicant with rest of the
culprits after having formed an unlawful assembly and in prosecution of their
common object not only committed Qatl-e-amd of Gulsher by causing him
fire shot injuries but caused injuries to PWs Ameer Bux, Murtaza and Ali Sher with intention to commit their murder and then went
away by making aerial firing to create harassment, for that the present case
was registered.
2. The
applicant on having been refused pre-arrest bail by learned Additional Sessions
Judge (Hudood) Sukkur have sought for the same from
this Court by way of instant bail application under Section 498-A Cr.P.C.
3. It is contended by learned
counsel for the applicant that applicant being innocent has been involved in
this case falsely, there is counter-version of the
incident and more so complainant Asad Khan now by
filing his affidavit Asad Khan has recorded no
objection to grant of bail to the applicant. By contending so, he sought for
grant of pre-arrest bail to the applicant as he according to him is
apprehending his unjustified arrest.
4. Learned DPG for the State
and learned counsel for the complainant have recorded no objection to grant of
bail to the applicant.
5. I have considered the above
arguments and perused the record.
6. There is counter version of
the incident, which party is aggressor and which party is aggressed upon. It is
yet to be determined at the trial. More so, complainant Asad
Khan now by filing his affidavit has recorded no objection to the grant of bail
to the applicant by stating that he in private faisla
has been found to be innocent. If it is so, it is rightly being contended that
the applicant is apprehending his unjustified arrest at the hands of police.
7. In case of Muhammad Najeeb vs. State
(2009 SCMR-448), it has been held by Honourable Supreme Court of Pakistan that;
“complainant initially had nominated the accused in the FIR
but later-on through an affidavit he has expressed his satisfaction with regard
to innocence of the accused, the case of the accused was of further enquiry”.
8. In view of above, interim
pre-arrest bail already granted to the applicant is confirmed on same terms and
conditions.
9. Instant
Cr. Bail Application is disposed of in above terms.
Judge
ARBROHI