ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-509 of 2021

Date	Order with signature of Judge

Applicant: Khalid Kalhoro, through

Mr. Nazeer Ahmed Junejo, Advocate

Complainant: Nemo

State: Through Mr.Shafi Muhammad Mahar,

Deputy Prosecutor General

Date of hearing: 20.09.2021

Dated of order: 20.09.2021

O R D E R

Zulfiqar Ali Sangi, J: Through instant bail application, applicant/accused Khalid son of Muhammad Ramzan Kalhoro is seeking his post-arrest bail in FIR No.44/2021, registered at Police Station Piryaloi, District Khairpur, under sections 324 and 34 PPC. His earlier post-arrest bail plea was declined by the learned IV-Additional Sessions Judge, Khairpur, vide order dated 05.08.2021. After rejection of his bail application, he approached this court for the same relief.

2. As per FIR, the allegation against the present applicant is that on 26.06.2021, he along with co-accused has fired upon the complainant party with gun resulting causing injury to PW Rasool Bux.

3. Learned counsel for the applicant has submitted that the applicant has falsely been implicated in this case; that in the FIR, it has been mentioned by the complainant that on the same date after getting admitted the PW in the hospital, he went for registration of FIR, however, in the medical certificate, the doctor has mentioned that the injured was arrived at hospital for treatment on 28.06.2021 at 7.50 a.m. He next submitted that the applicant was arrested on 27.06.2021 and nothing has been recovered from his possession. He further submitted that in the above circumstances the matter requires further enquiry and applicant is entitled for grant of post-arrest bail.

4. Learned DPG has opposed the grant of bail and contended that the applicant is nominated in the FIR with specific role of causing injury to PW Rasool Bux. He next contended that the medical evidence is in support of ocular evidence, therefore applicant is not entitled for grant of bail. However, he has not controverted the contentions of learned counsel for the applicant that why the applicant has remained at home for two days and arrived at hospital on 28.06.2021 for which he submitted that it may be bonafide mistake of the doctor.

5. I have heard the learned counsel for the applicant, learned DPG and perused the material available on record with their able assistance.

6. No doubt the applicant is nominated in the FIR with specific role of firing at PW Rasool Bux, however, looking into the medical certificate issued by the doctor which suggests that on 28.06.2021 at 7.50 a.m the injured Rasool Bux arrived at hospital and doctor has opined the duration of injury about four hours which creates serious doubt in the prosecution. Mere nomination and having direct role in the FIR is not sufficient to hold that the accused is connected with the commission of offence. Other material collected during the investigation is also to be looked into while deciding the bail plea. It is settled principle of law that the deeper appreciation of evidence is not permissible at bail stage and bail application is to be decided tentatively on the basis of material available on record. From the tentative assessment of the material available on the record, the applicant has made out his case for grant of post-arrest bail. Resultantly, this bail application is allowed and applicant is admitted to post-arrest bail subject to furnishing solvent surety in the sum of Rs.50,000/-(rupees fifty thousands) and P.R bond in the like amount to the satisfaction of the trial court.

7. Observations made herein above are tentative in nature and will not cause any prejudice to either party at the trial.

JUDGE

Suleman Khan/PA