ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail Application No. S – 397 of 2018

DATE ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application

(Notice issued)

17.09.2018

Mr. Abdul Qadir Bhatti Advocate a/w Applicants

Mr. Afzal Hussain Talpur, APG for the State

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Through instant bail application, the applicants/accused Kabootar, Khalique alias Khalique Dino and Fida Hussain have sought pre-arrest bail in Crime No.83 of 2013 registered at police station Mirwah, District Khairpur for offences under Sections 302, 324, 147, 148, 149 and 114 PPC.

The facts as per FIR registered by complainant Mst. Rukhsana Gopang on 21.04.2013, are that there was murderous dispute in between her and one Nazir Ahmed Gopang and such cases are pending in different Courts and on the day of incident, she along with her brother Sajjad Ali, mother Mst. Gullan and cousin Hatim Ali were going towards their lands, when at 9:00 a.m reached near the shop of Mehboob Gopang, when all of a sudden there came accused Shoukat, with G-3 Rifle, Sadam Hussain, Kazim, both having Repeaters, Mujahid, Chakar, both having Pistols, Zulfiqar with Kalashnikov, Khuda Bux alias Ameero with G-3, Kabootar with Kalashnikov, Fida with gun, Gul Bahar with Kalashnikov, Ghulam Raza with Repeater, Nazir with G-3, Irshad, Gul Zareen with Kalashnikovs, Sulleman with Gun, Ranjhan with Kalashnikov, Khalique with Gun, Imdad and Aslam with Kalashnikovs and Sadique, they all challenged them (complainant party). Out of them, accused Imdad Ali and Sadique instigated other accused to kill them, thereafter all the accused persons opened firing just to create terror and on the force of weapons dragged her brother Sajjad Ali and cousin Hatim Ali inside the shop of Mehboob Ali, she entreated the accused persons by following them while crying but the accused persons did not refrain and within her sight accused Shoukat Ali made direct fire from his G-3 rifle upon her brother Sajjad Ali which hit on his chest, accused Sadam Hussain made direct fire from hi repeater upon her cousin Hatim Ali which hit on his chest, they both raised cries and fell down, her (complainant’s) mother went ahead on which accused Zulfiqar Ali made direct Kalashnikov fire which hit on right side of temple, accused Mujahid made pistol fire on her which also hit on her neck, she raised cries which attracted witnesses Azizullah and Ghulam Rabbani who reached there including other co-villagers, then the accused persons escaped away towards their houses while making indiscriminate firing. They went over Sajjad Ali and Hatim Ali having injuries and were dead, whereas, Mst. Gullan was serious, therefore, she was shifted to civil hospital after receiving letter from police station. Leaving her injured mother in the hospital under treatment, she went to her village for funeral of his brother Sajjad Ali and cousin Hatim Ali and after getting free, she went to police station and lodged such FIR.

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case due to enmity which is admitted in the FIR by the complainant; that there is a delay of about 09 hours in lodgement of the FIR for which no reasonable or plausible explanation has been furnished by the complainant, hence the false implication of the present applicants cannot be ruled out; that no specific role is attributed to the applicant in the offence and their mere presence has been shown at the place of incident duly armed with Kalashnikov and Guns; that the complainant and both the eye-witnesses are related inter se, therefore, their version at this stage cannot be believed as trustworthy and confidence inspiring as the alleged incident had taken place in village but not a single person has been associated from the locality to act as eye-witness of the incident; if the applicants are not admitted to pre-arrest bail, definitely they would be arrested and no useful purpose will be served; that co-accused Chakar, Aslam, Nazeer, Ranjhan alias Ranjho, Sulleman and Khuda Bux have already been granted bail by the trial Court, whereas the co-accused Kazim has also been granted post-arrest bail by this Court vide order dated 13.03.2017; hence the case of present applicants is at par to that of above-named co-accused. The case has been challaned and the applicants/accused are facing the trial regularly. Learned APG on the other hand opposed the grant of pre-arrest bail to the applicants/accused.

I have heard the learned counsel for the applicants/accused, learned APG for the State and have perused the record minutely. Admittedly the applicants are named in the FIR duly armed with weapons and they have not actively participated in the incident, there mere presence has been shown and there is no independent eye-witnesses of the alleged incident, whereas, the offence has taken place in the village, in the identical circumstances, the co-accused Chakar, Aslam, Nazeer, Ranjhan alias Ranjho, Sulleman and Khuda Bux have already been granted bail by the trial Court, whereas the co-accused Kazim has also been granted post-arrest bail by this Court vide order dated 13.03.2017 in Cr. Bail Application No.S- 60/2015; hence the case of the present applicants is also on the same footings and they are also entitled for the same relief. In such circumstances a case of further inquiry has been mad out in favour of the applicants. The case has been challaned and the applicants are attending regularly. In view of the above circumstances, the interim pre-arrest bail granted to the applicants on 09.07.2018 is hereby confirmed on same terms and conditions. The applicants/accused are directed to attend the trial Court regularly, if the applicants fail to appear before the trial Court, the trial Court would be at liberty to take action against the applicants and their surety in accordance with law. The above observations are tentative in nature and would not affect the case of either party at trial.

Bail application stands disposed of in the above terms.

Judge

ARBROHI