ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr.B.A.No. S - 517 of 2022.

For hearing of bail application.

Date of Hearing 06^th March, 2023.

Mr.Israr Ahmed Shah Advocate a/w applicant.

Mr.Shafique Ahmed Laghari Advocate for complainant.

Mr.Aftab Ahmed Shar Addl.P.G.

O R D E R.

ABDUL MOBEEN LAKHO, J- Through the instant bail application, applicant Sajjad Ali seeks Pre-arrest bail in respect of Crime No.144/2022 of Police Station, Rohri, registered for offence under Sections 147, 148, 149, 504, 337-Ai, 337-Fi, 324, PPC.

2. The applicant was granted interim pre-arrest bail by this Court vide order dated 11.10.2022 and today the bail application has come-up for confirmation of interim pre-arrest bail or otherwise.

3. According to FIR lodged by complainant Shahid on 17.09.2022, it is alleged that present applicant Sajjad Ali alongwith two other accused armed with Pistol, iron rod and stick caused kicks, fist and laathi blows to the complainant and his brother Siraj Ali on their face and other parts of the body. It is further alleged that on the cries of complainant party the villagers got attracted and when applicant Sajjad Ali saw them coming, he made straight fire of his pistol, which hit complainant’s brother Siraj Ali on feet and legs; hence the FIR was registered against them.

4. Learned counsel contends that the applicant is innocent and has falsely been implicated in the case with malafide intention and ulterior motive on account of dispute over the construction of a wall, in fact the present applicant has nothing to do with the alleged offence with which he is charged. He further contended that there is no allegation against the applicant that he caused fire arm injury on the vital part of the body of the injured though the complainant party was at the mercy of accused party, he did not repeat the fire. He further contended that there are general allegations of causing kicks, fist and stick blows against the applicant; hence case requires further enquiry into his guilt. He prayed for confirmation of interim pre-arrest bail already granted to the applicant.

5. The learned counsel appearing on behalf of the complainant and learned DPG appearing for the State have vehemently opposed for confirmation of interim pre-arrest bail by contending that the applicant has made pistol shot at Siraj Ali brother of complainant, which hit him on his feet and legs and it is clear from the photographs of injured annexed with this bail application that injured sustained fire arm injuries on his feet and legs.

6. I have heard learned counsel for the parties and perused the material available on record.

7. Per FIR firstly the accused caused kicks, fists and lathi blows to the complainant and his brother Siraj Ali on face and other parts of the body and later-on, when on the cries of complainant party the villagers got attracted, applicant Sajjad Ali made direct fire with his pistol at Siraj Ali, which hit him on his feet and legs that could have crippled him for the rest of his life. Besides this, the Section 324 PPC draws no anatomical distinction between vital or non-vital parts of human body. Once the triggered is pressed and the victim is effectively targeted, “intention or knowledge” as contemplated by the section ibid is manifested; the course of a bullet is not controlled or steered by assailant’s choice nor can he claim any premium for a poor marksmanship. While taking the guidance from the case of Sheqab Muhammad v. The State and others (supra), the Honourable Supreme Court of Pakistan has held that;

“Injury on the non-vital part of the body, particularly in the absence of repeated fire shot, squarely brings his case within the remit of further probe, are not only beside the mark but also cannot be attended without undertaking an in depth analysis of the prosecution case, an exercise forbidden by law at bail stage. In a daylight affair, two persons sustained firearm injuries besides the one having endured violence through blunt means and as such requires no public support to drive home the charge; their statements supported by medical examination of even date, cumulatively bring petitioner’s case prima facie within the mischief of section 324 of the Pakistan Penal Code, 1860, hit by statutory prohibition, in view whereof, he cannot be released on bail in the absence of any consideration within the purview of subsection (2) of Section 497 of the Code Ibid. Similarly, murderous assault as denied in the section ibid draws no anatomical distinction between vital or non-vital parts of human body. Once the triggered is pressed and the victim is effectively targeted, “intention or knowledge” as contemplated by the section ibid is manifested; the course of a bullet is not controlled or steered by assailant’s choice nor can he claim any premium for a poor marksmanship. Exercise of discretion by the High Court being well within the bounds of law calls for no interference. Petition fails. Leave declined.”

8. There is no denial to this fact that the accused being armed with pistol is specifically nominated in the crime report wherein a specific accusation of causing firearm injuries on the person of injured on his feet and legs is against him. The matter thus was reported to the police with a delay but it is an admitted fact that the instant occurrence has taken place in the broad daylight and there is no chance of any misidentification especially when the parties are known to each other. The injuries ascribed to the applicant/accused are supported by medical evidence, prima facie, constituting the offence alleged, every hypothetical question which can be imagined would not make it a case of further inquiry simply for the reason that it can be answered by the trial subsequently after recording and evaluation of evidence. The offence with which applicant/accused is charged falls within the ambit of prohibitory clause of Section 497(2) Cr.P.C.

9. In view of above, I am of the considered view that the applicant/accused has failed to make out a case for confirmation of interim pre-arrest bail. Accordingly, the bail application is dismissed and interim pre-arrest bail already granted to applicant Sajjad Ali on 11.10.2022, is hereby recalled.

Crl.B.A.No.S- 517 of 2022 stands disposed of.

JUDGE

Akber.

The Section 324 PPC draws no anatomical distinction between vital or non-vital parts of human body. Once the triggered is pressed and the victim is effectively targeted, “intention or knowledge” as contemplated by the section ibid is manifested; the course of a bullet is not controlled or steered by assailant’s choice nor can he claim any premium for a poor marksmanship. While taking the guidance from the case of Sheqab Muhammad v. The State and others (supra), the Honourable Supreme Court of Pakistan has held that;

There is no denial to this fact that the accused being armed with repeater is specifically nominated in the crime report wherein a specific accusation of causing firearm injuries on the person of injured on his left forearm near elbow joint and right conjoined region is against him. The matter thus was reported to the police with a delay but it is an admitted fact that the instant occurrence has taken place in the broad daylight and there is no chance of any misidentification especially when the parties are known to each other. The injuries ascribed to the applicant/accused are supported by medical evidence, prima facie, constituting the offence alleged, every hypothetical question which can be imagined would not make it a case of further inquiry simply for the reason that it can be answered by the trial subsequently after recording and evaluation of evidence. The offence with which applicant/accused is charged falls within the ambit of prohibitory clause of Section 497(2) Cr.P.C.

In view of above, I am of the considered view that the applicant/accused has failed to make out a case for grant of bail. Accordingly, the bail application is dismissed.

Bail application stands disposed of in the above terms.

J U D G E

Ihsan

The applicant has not been able to make out a case for confirmation of interim pre-arrest bail in view of Sub-Section (2) of Section 497, Cr.P.C, therefore this bail application is dismissed and interim pre-arrest bail already granted to applicant Sajjad Ali on 11.10.2022, is hereby re-called.