IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-831 of 2021

Applicant: Shakeel Ahmed Malik, through

Mr. Kashif Hussain Shaikh, Advocate

Complainant: Amir Ali, through

Mr. Muhammad Tarique Panhwar, Advocate

State: Through Mr. Shafi Muhammad Mahar

Deputy Prosecutor General

Date of hearing: 14.02-2022

Date of Decision: 14.02-2022

O R D E R

ZULFIQAR ALI SANGI, J.- Through this bail application, applicant/ accused Shakeel Ahmed son of Abdul Hameed Malik, seeks his pre-arrest bail in FIR No.363/2021, registered at Police Station Daharki, u/s 452, 336-B, 337-A(i), 337-F(i), 147, 149 PPC. Earlier his same plea was declined by the learned Additional Sessions Judge, Daharki, vide order dated 21.12.2021.

2. As per FIR the allegation against the present applicant is that he had thrown acid upon his wife Mst. Sobia due to family dispute and burnt her.

3. Learned counsel for the applicant has contended that the FIR was registered with false facts and malafide intention; that the applicant has not committed any offence as alleged in the FIR; that there is contradictions in between ocular and medical evidence; that as per CDR reports applicant was not present in Daharki city on the date and time of incident which shows his innocence; that all the prosecution witnesses are closely related with the complainant and are interested. Lastly he prayed that the interim pre-arrest bail already granted to the applicant may be confirmed.

4. Learned counsel for the complainant and A.P.G. have opposed the confirmation of interim pre-arrest bail to applicant and have contended that the applicant is nominated in the FIR with specific role who has thrown acid upon her wife due to grudge of filing suit for dissolution of marriage by her against the applicant; that he committed heinous offence which comes within prohibitory clause of section 497 Cr.P.C as such he deserves no leniency and his bail application may be dismissed. Learned APG submits that his custody may be handed over to I.O of the case as the case has been challaned and he is required before the trial court.

5. I have considered the arguments advanced by learned counsel for the respective parties and have gone through the material available on the record with their able assistance.

6. Admittedly the applicant is nominated in the F.I.R with specific role that he due to annoyance of filing suit for dissolution of marriage by his wife injured Mst. Sobia he thrown acid upon her and burnt her. The medical evidence is in consonance with the ocular evidence. The offence u/s 336-B PPC carries punishment of life imprisonment and falls within prohibitory clause. Since direct role has been assigned to the applicant and offence carries capital punishment which is also against the society, he is not entitled for concession of pre-arrest bail which is an extra ordinary relief and can only be granted to the innocent person or to the person to whom some malafide has been assigned against the prosecution which are missing in the present case. It is well settled principal of law that the court has to make tentative assessment while deciding the bail application and deeper appreciation of evidence is not permissible at bail stage.

7. In these circumstances; I am of the considered view that there is sufficient material available with the prosecution which connects the applicant with the offence. Accordingly, this criminal bail application stands dismissed and the order dated 28.12.2021 whereby the applicant was granted interim pre-arrest bail, is hereby recalled and at the request of learned APG he is taken into custody and handed over to I.O/ ASI Muhammad Yousuf of PS Daharki who is present in court.

8. 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.

JUDGE

Suleman Khan/PA