ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-234 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

07.03.2022

                        Mr. Sher Ali Chandio, Advocate for the applicant.

                        Mr. Shueban Ali Mallah, Advocate for the complainant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of the culprits,  after having formed an unlawful assembly and in prosecution of their common object, caused hatchet, fire shot and butt blows to complainant Mumtaz Ali, PWs Imam Bux, Aijaz and Muhammad Bux, with intention to commit their murder and then went away by insulting them, for that the present case was registered. 

                        The applicant on having been refused pre-arrest bail by learned           1^st Additional Sessions Judge, Mehar, has sought for the same from this Court by way of instant application under section 498-A Cr.PC.

                        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant party in order to satisfy its dispute with him over the landed property; co-accused have already been admitted to bail and the case is proceeding before learned trial Court; therefore, the applicant is entitled to grant of pre-arrest bail on point of further inquiry and malafide. In support of his contention, he has relied upon case of Khair Muhammad and another Vs. The State through P.G Punjab and another (2021 SCMR-130).

                        Learned A.P.G for the State and learned counsel for the complainant have opposed to grant of pre-arrest bail to the applicant by contending that he has caused fire shot injury to PW Imam Bux on his right leg with intention to commit his murder; thereby has made him lame permanently. In support of their contention, they relied upon case of Haji Shah Behram Vs. The State and others (2021 SCMR-1983).

                        I have considered the above arguments and perused the record.

                        The applicant is named in FIR which is lodged within shortest possible time, with specific allegation that he has caused fire shot injury to PW Imam Bux on his right leg with intention to commit his murder. In that situation, it would premature to say that the applicant being innocent has been involved in this case falsely by the complainant party in order to settle its dispute with him over the landed property. The case of the applicant is distinguishable to that of co-accused, who have already been admitted to bail by learned trial Court. The case might be proceeding but this fact alone is not enough, which may justify admitting the applicant to pre-arrest bail in case like present one in absence of malafide. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged.

                        The case law which is relied upon by learned counsel for the applicant is on distinguishable facts and circumstances. In that case, the applicants were admitted to bail mainly for the reason that they were not found connected with the alleged crime. In the instant case, the applicant is found connected with the alleged crime.

                        In view of above, the instant criminal bail application is dismissed accordingly.  

J U D G E