IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Appln. No. S-49 of 2023

Cr. Bail. Appln. No. S-51 of 2023

Applicant:		Israr s/o Zamir Hussain Kalhoro
(in Cr. Bail. Appln. No. S-49/2023)		Through Mr. Ahmed Hussain Shahani, advocate
Applicant (in Cr. Bail. Appln. No. S-51/2023)		Zamir Hussain s/o Gul Hassan Kalhoro,
		Through Mr. Ahmed Hussain Shahani, advocate
Complainant		Aijaz Ali Kalhoro
		Through Mr. Muhammad Ali Jagirani, advocate
The State		Through Mr. Aitbar Ali Bullo, D.P.G for the State

Date of hearing:		16-03-2023
Date of order:		16-03-2023

O R D E R

ZULFIQAR ALI SANGI, J.- Through Cr. Bail. Appln. No. S-49/2023 applicant Israr Kalhoro is seeking pre-arrest bail, however, through Cr. Bail. Appln. No. S-51/2023, applicant Zamir Hussain Kalhoro seeks post arrest bail. Both bail applications arising out of same crime bearing No. 69/2022, registered at Police Station Taluka, Larkana for the offence U/S 302, 324, 34, 337-H(2), 114 P.P.C, after rejection of their bail plea by the learned trial court vide two separate orders dated 19.01.2023.

2. The facts of the incident are mentioned in the memo of bail application and the copy of F.I.R. is also attached with the bail application, hence, needs not to reproduce the same here.

3. It is contended by learned counsel for the applicants that the applicants/accused are innocent and have falsely been implicated in this case by the complainant with malafide intention and ulterior motives; that there is delay of 19 hours in lodgment of F.I.R which has not been explained properly; that enmity is admitted in F.I.R; that all P.Ws mentioned in the F.I.R are related interse; that all male members of accused family have been involved in this case; that no other case is pending against the applicants/accused. He further submits that common intention of the accused persons will be decided by the trial court, therefore, at this stage, applicants are entitled for concession of bail.

4. Mr. Muhammad Ali Jagirani advocate files vakalatnamas on behalf of the complainant in both cases, which are taken on record.

5. Learned D.P.G. and learned counsel for the complainant have opposed both the criminal bail applications and submit that applicants are nominated in the F.I.R with specific role that applicant/accused Israr Kalhoro along with Double barrel gun has fired at the place of incident and two empty cartridges were recovered from the place of incident, whereas applicant/accused Zamir Hussain has directly fired upon the complainant, which hit him and two empties of pistol were recovered, no malafide or ulterior motive has been shown against the complainant or the investigation officer. They both have prayed that applicants/accused are not entitled for the bail, therefore, both bail applications be dismissed.

6. Heard learned counsel for the applicants, learned counsel for the complainant and learned Deputy Prosecutor General and perused the material available on the record with their able assistance.

7. After going through the material available on record, it reflects that though the name of applicant/accused Israr is mentioned in the F.I.R, however, there is no role against him of causing any injury to the deceased or P.Ws and mere presence of applicant/accused is not sufficient to hold that he has shared his common intention, however, the same is to be decided by the trial court after recording evidence of the prosecution witnesses. Therefore applicant/accused Israr has made out his case for confirmation of interim bail. Accordingly, Cr. Bail. Appln. No. S-49/2023 is allowed. Interim pre-arrest bail already granted to the applicant/accused Israr Kalhoro vide order dated 03.02.2023 is confirmed on same terms and conditions.

8. So far criminal bail of applicant/accused Zamir Hussain is concerned, there appears sufficient evidence on record that he has directly fired from his pistol upon the complainant which hit him on his left arm, there is medical evidence against applicant/accused Zamir Hussain which connects him with the commission of offence, two empties of pistol were recovered from the place of vardhat; P.Ws have nominated him in their 161 Cr.P.C statements, therefore, sufficient material is available against applicant/accused Zamir Hussain to connect him with the commission of offence, learned counsel has failed to make out a case for grant of post-arrest bail. Resultantly, Cr. Bail. Appln. No. S-51/2023 is dismissed.

9. Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned trial court while deciding the case of either party at trial.

J U D G E

Abdul Salam/P.A