IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

 

Cr. Bail Application No.S-715 of 2021

 

 

 

Applicant:                                Muhammad Ayoob @ Ayoob s/o Kamal,

Through Mr. Saeed Ahmed Bijirani,

Advocate.

 

 

Complainant:                           Sikandar s/o  Bakhsho,

Through Mr. Shabir Ali Bozdar, Advocate.

 

State:                                       Through Mr. Zulfiqar Ali Jatoi,

Additional Prosecutor General.

 

Date of hearing:                       14-01-2022

Date of Decision:                      14-01-2022

 

 

O R D E R

 

ZULFIQAR ALI SANGI, J.- Through the captioned bail application, applicant Muhammad Ayoob @ Ayoob s/o Kamal,  seeks his post arrest bail in Crime No. 13/2021, registered at Police Station Ubauro, for the offences U/S 324,148,149, 114, P.P.C. Earlier his bail application was declined by the learned Additional Sessions Judge/MCTC Ubauro, vide order dated 06.05.2021.

2.                           As per F.I.R, the incident took place on 24-01-2021 for which FIR was registered on 25-01-2021, wherein it is alleged that applicant along with other accused persons duly armed with deadly weapons attacked upon complainant party and the applicant caused firearm injuries of KK to the PW Dodo on his chest which remained through and through and accused Asghar caused firearm injuries of KK to PW Zafar Hussain. Both the injured were referred to the hospital and then the complainant had registered the FIR. 

3.                            Learned counsel for the applicant submits that there is delay of one day in registration of F.I.R and the same has not been explained by the complainant; that F.I.R was registered with false facts;;  that prior to FIR entry number 5 dated 24-01-2021 was registered in respect of the same incident in which the name of applicant is not respired;  that applicant was arrested on 5 February 2021 and on the same day statement under section 161 Cr.P.C of the injured witnesses were recorded  for which no explanation has been provided;  that blood stained earth was not recovered from the place of incident;  that applicant had not repeated the fire shot which established that he had no intention of causing murder of the PW;  that crime weapon had not been recovered from the applicant;  that co-accused Hazoor Bux, Manzoor Ahmed and Loung had been granted pre-arrest bail by the trial court vide order dated 17 February 2021;  in view of above submissions learned counsel submitted that the case of application requires further enquiry entitling him for grant of bail.

4.                           Learned counsel for complainant and Additional Prosecutor General have opposed the grant of bail on the ground that applicant is nominated in the FIR with specific role of causing fire arm injuries to PW Dodo which was through and through and the said PW was examined by Doctor who declared such injuries as Jurh-i-Jaifah for which punishment is provided up to 10 years and the same fall within the prohibitory clause of section 497 Cr.P.C. They next contended that all PWs in their statements under section 161 Cr.P.C fully supported the version of complainant; therefore the applicant is not entitled for grant of bail.

5.                           I have considered the submissions of learned counsel for the parties and have gone through the material available on the record with their able assistance.

6.                           Admittedly the name of the applicant/accused is mentioned in the F.I.R with specific role that he has caused firearm injuries to the PW Dodo; version given by the complainant in the FIR was supported by the PWs in their 161 Cr.P.C statements; Ocular evidence is supported by the medical evidence; The doctor has also opined that due to the firearm injuries 6th and 7th rib of right side of the injured Dodo were fractured. The delay in registration of F.I.R has been properly explained by the complainant in the F.I.R. The Honourable Supreme Court in case of Ghulam Qadir V. The State vide order dated: 25-11-2021 in Criminal Petition No.143-K of 2021, while declining the bail has observed as under:-

“Though the formal First Information Report was recorded on 17.8.2021, however, the injured with extensive injuries were medically examined under police dockets on 13.8.2021; according to the provisional medico legal certificates, they had reached hospital on 12.8.2021 at 6:00 p.m. just half an hour after the incident and, thus, delay in formal registration of the case, a phenomena hardly unusual, does not raise eyebrows”

7.                           As per medical certificate issued by the doctor the, injuries sustained by the PW Dodo were Jurh-i-Jaifah punishable under section 337-D which provides punishment up to 10 years, besides this the seat of injuries is on chest which is the vital part of the body therefore tentatively section 324 is also applicable. However the same is to be decided by the trial court after recording evidence of the prosecution witnesses.

8.                           In these circumstances; I am of the considered view that the applicant has failed to make out his case for grant of post arrest bail. Accordingly, instant criminal bail application stands dismissed.

9.                           The observations made hereinabove are tentative in nature only for the purpose of deciding the instant bail application, which shall not, in any manner, influence the learned Trial Court at the time of final decision of the subject case.

 

 

J U D G E