IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No. S- 07 of 2022.

Date	Order with signature of Judge

Applicant: Sada Hussain son of Ali Gul Burdi

Through: Mr. Ali Dad Narejo

Advocate.

The State: Through Mr. Shafi Muhammad Mahar D.P.G along with SIP Muhammad Sulleman Bhanbhro of PS Kumb.

Date of hearing. 21.01.2022.

Date of decision. 21.01.2022.

O R D E R.

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AMJAD Ali SAHITO,J.- Through the instant Crl. Bail Application, applicant/accused named above seeks pre-arrest bail in Crime No. 209/2021, offence u/s 302, 311 PPC registered at Police Station Kumb District Khairpur. Prior to this applicant/accused filed pre arrest bail application, which was dismissed by learned Sessions Judge Khairpur vide order dated 23.12.2021, hence he filed the instant Bail Application.

2. The details and particulars of the F.I.R. are already available in the bail application and F.I.R., same could be gathered from the copy of F.I.R. attached with such application, hence needs not to reproduce the same hereunder.

3. Learned counsel for the applicant/accused contends that applicant/accused is innocent and has falsely been implicated in this case by the complainant. He further contended that the FIR is delayed for about 03 days, no plausible explanation has been furnished by the complainant; that infact the deceased had committed suicide but the same has been turned by the complainant hence mala fide is on the part of complainant to falsely implicate the applicant/accused, therefore case of the applicant/accused requires further inquiry and he prays for confirmation of interim pre arrest bail.

4. On the other hand, learned D.P.G vehemently opposed for confirmation of interim pre-arrest bail and submits that the name of applicant/accused transpires in the FIR with specific allegation that he has committed the murder of his wife. The delay has been properly explained by the complainant and this is a heinous case of murder. Lastly prayed that applicant/accused is very much involved in the commission of offence and he is not entitled for concession of bail.

5. I have heard learned counsel for the parties and have gone through the material available on record.

6. From the perusal of record, it appears that complainant Fida Hussain has received information that applicant Sada Hussain maltreated his sister. He along with his brothers went to the house of their sister at about 0930 hours and when they reached at the house of their sister they saw on the light of bulb that accused Sada Hussain came out from room and run away outside the house who was having muffler in his neck, they went inside the room and saw that their sister was unconscious. They took her to hospital but she died on the way. The ocular evidence finds support from the medical evidence and according to WMO who has conducted autopsy on the dead body of deceased, found ligature marks on her neck and opined that death has occurred due to asphyxia as a result of throttling, which is anti-mortem in nature. The delay of lodgment of FIR has been plausibly explained by the complainant that after funeral ceremony and completing condolence process he appeared at P.S and lodged FIR. At bail stage only tentative assessment is to be made and nothing has been brought on record to show any ill-will or malafide on the part of the complainant, which is requirement for grant of pre-arrest bail. All the P.Ws have supported the version of complainant as such sufficient material is available on the record against the applicant/accused to connect him with the alleged offences. In this regard, I am fortified with the case law of Hon'ble Supreme Court of Pakistan [2019 S C M R 1129] wherein the Hon'ble Supreme Court of Pakistan has held as under:-

''Grant of pre-arrest bail is an extra ordinary remedy in criminal jurisdiction; it is diversion of usual course of law, arrest in cognizable cases; a protection to the innocent being hounded on trump up charges through abuse of process of law, therefore a petitioner seeking judicial protection is required to reasonably demonstrate that intended arrest is calculated to humiliate him with taints of mala fide; it is not a substitute for post arrest bail in every run of the mill criminal case as it seriously hampers the course of investigation----the principles of judicial protection are being faithfully adhered to till date, therefore, grant of pre-arrest bail essentially requires considerations of malafide, ulterior motive or abuse of process of law."

7. In view of above, learned counsel for the applicant/accused failed to make out a good case for grant of pre-arrest bail in the light of sub section (2) of Section 497 CrPC. In such circumstances, the instant Crl. bail Application stands dismissed and interim order dated 07.01.20222 earlier granted to the applicant/accused is hereby recalled. Learned DPG submits that this is a murder case and for further investigation the custody of applicant is required for investigation. SIP /Investigating Officer Muhammad Sulleman Bhanbhro of P.S Kumb is present in the Court and the custody is handed over to him for further investigation.

8. Needless to mention that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of the applicant on merits.

Judge

Irfan/P.A