ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Bail
Application No.S-330 of 2021
|
Date |
Order with signature of Judge |
Applicants: Fakir Muhammad and
others, through
Mr.
Amir Ali Bhutto, Advocate
Complainant: Iqbal Ahmed in person
State: Through Mr.
Shafi Muhammad Mahar,
Deputy
Prosecutor General
Date of
hearing: 07.02.2022
Dated of
order: 07.02.2022
O R D E R
Zulfiqar
Ali Sangi, J: Through
this bail application, applicants/ accused Fakir Muhammad Narejo, Sikander Ali
Ujjan, Mehar Ali Ujjan, Siraj Ahmed Narejo and Umeed Ali Narejo are seeking their
pre-arrest bail in FIR No.55/2021, registered at Police Station Gambat,
District Khairpur, u/s 302, 324, 148, 149 and 109 PPC. Earlier their same plea was
declined by the learned Additional Sessions Judge-I(MCTC)
Khairpur, vide order dated 31.05.2021.
2.
Learned counsel for the applicants has contended that though there is direct
role of applicant Fakir Muhammad, however after investigation the case was
disposed of under A-class and he was found innocent alongwith co-accused. He
next contended that role against applicant Sikander Ali, Mehar Ali and Umed Ali
is of only their presence, however allegation against
applicant Siraj is of causing injury to PW Naimat. He also contended that this
court in Cr.B.A.No.S-332/2021 has granted bail to co-accused Raza Muhammad and
Muhammad Idrees on the same grounds, therefore interim pre-arrest bail granted
to present applicants may be confirmed.
3. Complainant
Iqbal Ahmed is present in person and raised no objection for confirmation of
interim pre-arrest bail.
4. Learned
DPG has opposed the bail on the grounds that the applicants are nominated in
the FIR, there are direct allegations against the applicants, medical evidence
is in consonance with the ocular evidence, the PWs have supported the version
of complainant, offence
fall within prohibitory clause of section 497 Cr.P.C, and there is no malafide
on the part of complainant to falsely implicate the applicants.
5. I
have heard the learned counsel
for the parties and perused the material available on record with their able
assistance.
6. I
have carefully scanned order dated 06.09.2021 passed by this bench in respect
of accused Raza Muhammad and Muhammad Idrees (Muhammad Idrees is assigned
direct role of firing upon deceased Wazir Ali) wherein this court in para No.9
has observed as under:-
“9. It
is an admitted position that Inspector Zulfiqar Ali Soomro in his enquiry
report dated 06.05.2021, exonerated the applicants from commission of alleged
offence. Accused have been declared innocent during investigation and,
therefore, after concluding his investigation, the I/O submitted his report
under section 173, Cr.P.C suggesting disposal of the case under cancelled “A”
Class of Police Rules and he released the applicants Raza Muhammad and Muhammad
Idrees under section 497(2), Cr.P.C. There is no cavil to the proposition that
the opinion/report of the Investigation Officer does not bind the court in any
manner yet the courts can peep into its persuasiveness and vitality for the
purpose of grant or refusal of bail tentatively to the accused (2010 P.Cr.L.J
1818); it can be taken into consideration as a relevant circumstances for a
just decision of bail petition (2010 P.Cr.L.J 512); it can be taken into
consideration validity while deciding a bail application, provided the same is
based upon sound material as a relevant circumstances for a just decision for
bail (2009 P.Cr.L.J 384); it is relevant at bail sage especially when the finding
is with regard to the innocence of applicants (2005 P.Cr. L.J 967).”
7. Case of applicants is also on same
footings and complainant has conceded for bail, resultantly their bail
application is allowed and interim pre-arrest bail earlier granted to the applicants vide
order dated 04.06.2021, is hereby confirmed on same terms and conditions.
8. Observations
made herein above are tentative in nature and will not cause any prejudice to
either party at the trial.
JUDGE
Suleman Khan/PA