ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-435 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

08.10.2020

Mr. Shahbaz Ali Brohi, Advocate for the applicants

                        Mr. Danesh Kumar Jai Jai Veshno, Advocate for complainant

Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicants with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, caused lathies, hatchet and fire shot injuries to PWs Zahid Hussain, Saeed Ahmed, Sabir Ali, Zubair Ahmed and Waqas Ali, with intention to commit their murder and then went away by making fires at complainant Muhammad Essa and in air to create harassment, for that the present case was registered.

2.        The applicants on having been refused post-arrest bail by learned Sessions Judge, Shikarpur, have approached this Court for the same by way of instant application under section 497 Cr.PC.

3.        It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the complainant party in order to satisfy its grudge with him over kids fight; the FIR has been lodged with delay of about one day; there is conflict between medical and ocular evidence. By contending so, he sought for post-arrest bail for the applicants on point of further inquiry and malafide.

4.        Learned DPG for the State has recorded no objection to grant of post-arrest bail to the applicants Parvez and Anwar. However, he opposed to grant of bail to applicants Nishad alias Hakim Ali and Abdullah by contending that they have actively participated in commission of the incident by causing fire shot injuries to PWs Sabir Ali and Saeed Ahmed.

5.        The learned counsel for the complainant have opposed to grant of bail to the applicants by contending that they have actively participated in commission of the incident.

6.        I have considered the above arguments and perused the record.

7.        As per FIR, applicant Parvez is attributed role of causing lathi blow to PW Waqas. As per medical certificate, PW Waqas was found sustaining fire shot injury and such inconsistency could not be overlooked. The role attributed to applicant Anwar in commission of the incident is only to the extent that he made ineffective fire at the complainant with intention to commit his murder, therefore, the involvement of applicants Parvez and Anwar in commission of the incident is calling for further, consequently, they are admitted to bail, subject to furnishing surety in sum of Rs.50,000/-(Fifty thousand) each and P.R bond in the like amount to the satisfaction of learned trial Court.

8.        The case of applicants Nishad alias Hakim Ali and Abdullah is on distinguishable facts and circumstances, they have been attributed the role of causing fire shot injuries to PWs Sabir Ali and Saeed Ahmed, with intention to commit their murder. On arrest from applicant Nishad alias Hakim Ali, has been secured the pistol, same has been found matched with two empties secured from the place of incident. In that situation, it could be concluded safely that applicants Nishad alias Hakim Ali and Abdullah are not found entitled to grant of bail.

9.        The instant bail application is disposed of accordingly.

JUDGE