ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No. S-613 of 2018.

Date	Order with signature of Judge

Applicants: 1. Ahmed Ali.

2. Muhammad Khan.

Both sons of Muhammad Pannah, bycaste Khaskheli. (Presently confined at Central Prison Khairpur).

Through Nazir Ahmed Junejo advocate.

Complainant: Mst. Ghulam Zuhra.

Through Mr. Shoaib Niaz Khaskheli advocate.

The State: Through Mr. Abdul Rehman Kolachi, Deputy Prosecutor General.

Date of hearing. 03-12-2018.

Date of decision. 03-12-2018.

O R D E R.

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AMJAD ALI SAHITO, J.- By this Order, I intend to dispose of the instant bail application arising out of Crime No. 92/2018, offence u/s 302, 324, 114, 147, 148, 149 P.P.C registered at PS Faiz Ganj. This bail application is directed against the order dated 30-06-2018 passed by learned IV-Additional Sessions Judge Khairpur, whereby the Post-Arrest Bail Application of the applicants/accused was dismissed.

2. Briefly, the facts of the prosecution case are that complainant Mst. Ghulam Zuhra lodged the F.I.R 22-05-2018 alleging therein that on the day of report she along with her sons Aijaz, Muhammad Yousif and brother in law Muhammad Ibrahim and relatives Muhammad Afzal and Riaz Khaskheli together after her treatment from private Hospital Karoondi were returning towards their village on motorcycles through Karoondi to Dargah Hussain Shah link road and at about 11-30 am they reached near the house of accused Adam Ali Khaskheli, where they saw and identified accused Adam Ali, Abdul Hakeem alias Godo with SBBL guns, Abdul Majeed, Ahmed Ali with hatchets, Muharram Ali, Abdul Jabbar, Yar Muhammad with lathis and two unidentified persons with lathies intercepted them. Then accused Muharram instigated other accused not to spare the complainant party, on which accused Adam Ali directly fired upon Aijaz Ali son of complainant, which hit him on his head, who cried and fell down. Accused Abdul Hakeem directly fired upon Muhammad Yosuif which hit him on his left knee, who also cried and fell down. Accused Abdul Majeed caused hatchet blow to Muhammad Ibrahim on his head and remaining accused persons also attacked upon remaining male members of the complainant party with lathies, hatchets and butt blows, complainant party raised cries, which attracted to neighbors, who came running, then all the accused person escaped towards south. Complainant party saw that Aijaz Ali succumbed to the injuries while Muhammad Afzal, Muhammad Ibahim and Riaz Khaskheli sustained injures. Then complainant brought the dead body of deceased and inured at police station, wherefrom she obtained letter for postmortem of deceased and treatment of injured and after burial of deceased, she appeared at police station and lodged the above said F.I.R.

3. It is, inter-alia, contended by the learned counsel for the applicants/accused that applicants/accused are innocent and have falsely been implicated in this case due to enmity between the parties which is admitted in the F.I.R; that according to F.I.R. the main role of causing fatal injury to deceased Aijaz Ali is assigned to co-accused Adam Ali and mere presence of applicants/accused with hatchets is shown by the complainant in the F.I.R; that Mst. Marvi with of co-accused Abdul Jabbar has also lodged the F.I.R. bearing Crime No. 93/2018 against the relatives of the complainant and the instant F.I.R. is counter blast of said case. He lastly prayed for grant of bail to the applicants/accused. He has placed his reliance on cases reported in 2017 MLD 1299 [Sindh(Sukkur Bench)]MUHAMMAD Shah alias MUDASAR Shah versus The STATE, , 2017 MLD 1220 [ FAISAL Khan and 3 others Versus The STATE and another, 2016 P.Cr.L.J Note 98 [Lahore (Multan Bench)] MUHAMMAD RASHEED alias SHEEDA Versus The STATE and another, 2005 YLR 646 [Lahore] NOOR AHMAD Versus THE STATE, 2014 MLD [Lahore], MEHDI Versus The STATE and others, 2018 MLD 232 [Lahore] MUSHTAQ AHMED and 4 others Versus THE STATE, 2009 MLD 796 [Karachi] SULTAN Versus THE STATE, 2017 SCMR 116 WAJID ALI Versus The STATE and another and 2015 YLR 2441 [Lahore] MUHAMMAD AZEEM and others Versus The STATE and others.

4. Learned counsel for the complainant has vehemently opposed for the grant of bail to the applicants/accused on the ground that they along with co-accused being armed with deadly weapons came at the place of incident and facilitated to each other and committed the murder of Aijaz Ali a young son of complainant and also caused serious injuries to other PWs; that after registration of F.I.R. I/O has recorded 161 CrPC statements of the PWs, who have fully implicated the applicants/accused and supported the version of complainant, therefore, they are not entitled for grant of bail. He placed his reliance on cases reported in 2017 YLR Note 93 [Lahore] BASHIR BARKAT Versus The STATE and another, 2018 MLD 528 [Peshawar(D.I.Khan Bench)], SALEEMULLAH Versus ASMATULLAH and another, 2018 P.Cr.L.J Note 95 [Peshawar (Bannu Bench)], MUHAMMAD NAWAZ Versus The STATE and another, 2018 P.Cr.L.J Note 134 [Sindh] NOOR ALAM Versus The STATE, 2017 YLR Note 40 [Peshawar (Mingora Bench) Dar-ul-Qaza] SALIM MALIK Versus The STATE through Additional Advocate General and another, 2017 MLD 1458 [Lahore (Multan Bench)], MUHAMMAD ASIF Versus The STATE and another, 2016 SCMR 1401 MUHAMMAD IMRAN Versus The STATE and others, 2017 P.Cr.L.J [Lahore] AMJAD Ali Versus The STATE and another, 2009 P.Cr.L.J 472 [Karachi] MOULA BUX Versus THE STATE, 2003 MLD 171 [Karachi] TALIB HUSSAIN Versus THE STATE and 2007 SCMR 1412 MUHAMMAD ASLAM and another Versus THE STATE.

5. Learned Deputy Prosecutor General has also supported the arguments advanced by learned counsel for complainant and he has also opposed for grant of bail on the ground that applicants/accused have shared their common intention with co-accused Adam Ali and others and committed the murder of deceased Aijaz Ali.

6. I have considered the submissions of the learned counsel for the applicants/accused, learned counsel for complainant, learned APG for the State and have gone through the material available on the record with their assistance.

7. From the perusal of F.I.R, it appears that mere presence of the applicants/accused being armed with hatchets is shown by the complainant in the F.I.R and these allegations are general in nature. Perusal of F.I.R. further shows that on the instigation of co-accused Muharram Ali, co-accused Adam Ali directly fired upon Aijaz Ali son of complainant, which hit him and died at the spot. Accused Abdul Hakeem directly fired upon Muhammad Yosuif which hit him on his left knee and accused Abdul Majeed caused hatchet blow to Muhammad Ibrahim on his head. It appears that neither the applicants/accused have fired upon the deceased Adam Ali nor they caused injury to any PW. The injuries received by PWs Riaz ad Muhammad Afazal have been declared medical officer as Shujjah-i-Khafifah u/s 337A(i) PPC, which is punishable up to 03 years and bailable. The enmity between the parties is also admitted by the complainant in the F.I.R, hence false implication of the applicants/accused cannot be ruled out. It is yet to be determined at the time of trial, whether applicants/accused have shared their common intention with co-accused or not, therefore, keeping in view the facts and circumstances of the case in hand, prima-facie the case against the applicants/accused requires further enquiry as contemplated in subsection (2) of section 497 CrPC.

8. In view of the above, the learned counsel for the applicant/accused has made out the case for grant of bail, therefore, the applicants/accused Ahmed Ali and Muhammad Khan both sons of Muhammad Pannah bycaste Khaskehli are admitted to bail subject to furnishing solvent surety in the sum of Rs. 100,000/- (one lac) each and P.R bond in the like amount to the entire satisfaction of learned trial Court.

9. Needless, to mention 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