ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 331 of 2022.

Date of hearing

Order with signature of Judge

20.10.2022.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Safdar Ali Ghouri, Advocate for applicant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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AMJAD ALI SAHITO, J: Through the instant application, applicant Dil Murad Bangulani seeks pre arrest bail in Crime No.11/2021 registered at Police Station Dodapur, for offences punishable under Sections 324, 148, 149 P.P.C. Prior to this, the applicant filed such application, but the same was turned down by learned Sessions Judge, Jacobabad, vide order dated 09.032022, hence, he has filed instant bail applicant.

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 cop of F.I.R attached with this bail application, hence, needs not to reproduce the same here.

3.         Learned counsel for the applicant mainly contended that applicant is innocent and has falsely been implicated in this case due to matrimonial dispute between the parties; that the injury on the person of injured is not on his vital part of body; that the maximum punishment provided for the alleged injury is only 3 years, as such it does not fall within prohibitory clause of Section 497 Cr.P.C. He further added that the applicant has joined the trial and has been regularly attending the Court and is no more required to police for the purpose of investigation and that the co-accused Muhammad Ali, Gulzar and Ali Nawaz have been enlarged on bail by Court blow. Lastly he prayed for confirmation of interim pre arrest bail to the applicant.

4.         On the other hand learned D.P.G. opposed the bail application. He contended that the applicant has been nominated in F.I.R with specific role of causing pistol shot to P.W Muhammad Murad, as such ingredients of Section 324 P.P.C are fully attracted to the case, which falls within prohibitory clause of Section 497 Cr.P.C.

5.         Heard learned counsel for respective parties and perused the material available on record.

6.         This case appears to be outcome of domestic violence. Per contents of the F.I.R the applicant used to maltreat his wife Mst. Sajida, as such she left his house and was residing with her parents which annoyed the applicant and he in company of five other co-accused entered house of complainant attacked upon them; resultantly the brohter of the complainant received firearm injury at the hands of present applicant, hence applicability of Section 324 P.P.C is fully attracted in this case, which falls within prohibitory clause of Section 497 Cr.P.C. The ocular version gets support from medical evidence. The prosecution witnesses have fully supported the version of complainant in their statements recorded in terms of Section 161 Cr.P.C. Moreover, no malafides are alleged on the part of complainant or prosecution. As for as contention of learned counsel that the co-accused have also been enlarged on bail is concerned, suffice it to say that case of co-accused is distinguishable from the case of present applicant.

7.         A tentative assessment of above facts and circumstances, prima-facie connects the applicant with commission of the alleged offence, dis-entitling him to grant of extra ordinary concession of pre arrest bail.  Accordingly, the instant bail application stands dismissed and interim pre arrest bail already granted to applicant Dil Murad Bangulani is hereby re-called.

                                                              Judge

Ansari