ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No. S-40 of 2017.

Date	Order with signature of Judge

Present

Mr. Justice Amjad Ali Sahito.

Applicants: Khurram son of Khadim Ali @ Khadim Hussain Resident of village Noor Muhammad Siyal, Taluka Gambat, District Khairpur.

Mr. Bakhat Ali Rajper advocate for applicant.

Respondent. The State.

Mr. Abdul Rehman Kolachi, Deputy Prosecutor General.

Date of hearing. 01-10-2018.

Date of decision. 01-10-2018.

O R D E R.

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AMJAD ALI SAHITO, J.- By this single Order, I intend to dispose of the instant bail applications arising out of Crime No. 201/20-14 of PS Gambat, offence u/s 324, 147, 148 P.P.C registered at PS Gambat. This bail application is directed against the order dated 26-12-2016 passed by learned Additional Sessions Judge Gambat, whereby the Pre-Arrest Bail Application of the applicant/accused was dismissed.

2. Briefly, the facts of the prosecution case are that complainant Naeem Ahmed lodged the F.I.R. on 02-10-2014 alleging therein that on 21-09-2014 at 7-20 pm near the gate of Government Hospital Gambat, applicant/accused along with other co-accused duly armed with deadly weapons came at the place of incident, where applicant/accused Khurram made straight fire upon Ashiq Ali with intention to commit his murder, which hit him at index finger of his right hand. Ultimately complainant lodged the F.I.R. of the incident.

3. It is, inter-alia, contended by the learned counsel for the applicant/accused that applicant/accused is innocent and has falsely been implicated in this case; that there is inordinate delay of about of 11 days in lodging the F.I.R. and such delay has not been explained by the complainant; that prior to this one Mansoor Ali relative of applicant/accused has lodged F.I.R. No. 195/2014 against the present complainant and injured Ashiq Ali; that after the investigation, the investigation office has recommended for disposal of the case under "B" class by the; that all the witnesses are closely related to the complainant and no any independent witnesses has been sighted by the complainant; that the case against the applicant/accused requires for further enquiry and he is entitled for confirmation of bail. He placed his reliance on case reported in 2011 YLR 1735 Karachi, 1994 P.Cr.L.J 1769 Karachi and 2012 YLR 1615 Sindh.

4. Learned Deputy Prosecutor General has argued that applicant/accused is nominated in the F.I.R. with specific role as he along with co-accused came at the place of incident and made straight fire upon PW Ashiq Ali with intention to commit his murder, therefore, he is not entitled for concession of bail.

5. I have considered the submissions of the learned counsels for the applicant/accused, learned APG for the State and have gone through the material available on the record with their assistance.

7. As per F.I.R., the applicant/accused allegedly made straight fire upon PW Ashiq Ali, but astonishingly the same him at his right hand finger, which is non-vital part of body. The injury attributed to the applicant/accused is on non-vital part of the injured and he also dos not repeat the fire upon the complainant or injured, therefore, implication of section 324 P.P.C would be determined at the time of trial. Perusal of record shows that there is inordinate delay of about 11 days in lodging the F.I.R., although the complainant has obtained the order from the Court on 30-09-2014 inspite of that complainant has not lodged the F.I.R. promptly, which shows malafide on his part to falsely implicate the applicant/accused. Record further reflects that after the investigation, the investigation office has also recommended for disposal of the case under "B" false class, therefore, the case of applicant/accused requires further enquiry. After grant of interim pre arrest bail, applicant/accused has joined the trial and not misused the concession of bail.

7. In view of above, the interim pre arrest bail already granted to the applicants/accused is confirmed on same terms and conditions and the above instant pre arrest bail applications stand disposed of accordingly.

8. Needless, to mention here, that the observations made herein above are tentative in nature and would not prejudice the case of either party at trial.

Judge

Nasim/P.A