IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
1st Cr. Bail Application No. S-28 of 2021
Applicant: Ali Nawaz,
Through Mr. Riaz Ahmed Soomro, advocate
State: Through Mr. Muhammad Noonari, D.P.G.
Date of hearing: 23-08-2021
Date of order: 23-08-2021
O R D E R
Abdul Mobeen Lakho, J.- Through instant criminal bail application, applicant Ali Nawaz, seeks post arrest bail in Crime No.84/2020, registered at P.S. Bakhshapur, for offence under Sections 302,337-F(i), 148,149 P.P.C. His earlier bail was rejected by learned Additional Sessions Judge, Kashmore, vide order dated 17.10.2020.
2. Facts of the case as per FIR lodged by complainant Dost Ali on 13.07.2020 at 1400 hours stating therein that his daughter Mst Naimat Khatoon was married with present applicant/accused Ali Nawaz. She had left her husband and came at the house of her parents. On 12.07.2020 at evening time, complainant alongwith her daughter Mst. Naimat Khatoon, wife Mst Ameenat Khatoon, daughter Koonjan were sleeping in the house, when all of sudden at about 11.00 p.m, they woke up on barking of dogs and saw that accused Ali Nawaz, Ghulam Ali, Muhammad Nawaz, Hakim Khan, Sher Khan, Ihsan, Bakhat Ali and two unknown accused persons armed with K.K and T.T Pistols came at their house and challenged the complainant, then accused Ali Nawaz fired from his T.T Pistol which hit to Mst. Naimat Khatoon on her right hand, accused Ghulam Ali fired from K.K on her chest, accused Muhammad Nawaz also fired from T.T Pistol at Mst. Naimat Khatoon on her right side, accused Hakim also fired on her chest, then all accused persons fired at her, she fell down raising cries, the accused persons also caused butt blows of weapons to the complainant. Thereafter all accused persons fled away towards Northern side. Mst Naimat Khatoon died on the spot, the complainant brought the dead body at P.S, thereafter it was taken to the Hospital and finally complainant appeared at P.S on 13.07.2020 at 1400 hours where he reported the matter. Police during investigation, arrested the applicant/accused and after completion of usual investigation submitted the interim challan in the concerned court.
3. Learned counsel for the applicant/accused submits that the applicant is innocent and has falsely been implicated in this case by the complainant as he is victim of previous enmity: that there is a delay of about one day in registration of FIR; that as per FIR accused Ali Nawaz fired from his T.T pistol at deceased on her right hand which is also non-vital part of her body and according to the opinion of M.O, death of deceased did not occur due to fire shot of present accused. He also argued that in further statements story has been malafidely exaggerated by PWs in contradiction of FIR and actual facts were concealed. He lastly prayed for grant of bail of both accused.
4. Learned D.P.G has contended that that the name of present applicant/accused is nominated in FIR with specific role that accused Ali Nawaz along with co-accused directly fired with their deadly weapons due to allegation of karap on deceased Mst. Niamat Khatoon and she expired on the spot; that P.Ws fully supported the version of complainant in their statement U/S 161 Cr.PC. In support of his contentions, he has relied upon the case laws reported as MOHSIN ALI Vs. The STATE and others (2016 SCMR 1529) and ISMAIL KHAN alias Ismail Vs. The STATE and another (2018 MLD 1393). He has lastly prayed that bail application may be dismissed.
5. I have heard the learned counsel for the parties and perused the material available on the record with their able assistance.
6. Only tentative assessment is to be made in hearing of the bail application which leads to the following:-
(i) The name of the applicant/accused transpired in the F.I.R with specific role of firing and causing death of his wife Mst. Naimat Khatoon with the help of other accused. Apparently the incident has promptly been informed to the concerned police station. The alleged injury caused by the fire arm is supported by post mortem report.
(ii) The injury though was not on the vital part of body but the role as allegedly played by him, specifically disclosed in the FIR is not only of an instigator but also of the first person who opened fire.
(iii) Record showed that the matter was reported at the police station promptly, therefore, the complainant who also received the injuries in the same incident had to arrange for the transportation of the dead body to the area hospital and immediately after the funeral, the F.I.R was lodged. Therefore, the delay in lodging of the F.I.R cannot be considered to be fatal to the prosecution.
7. Tentative assessment of the case/material led to the conclusion that there are reasonable grounds to believe that the applicant/accused is somehow connected to the crime which falls within the prohibitory clause of Section 497 Cr.P.C.
8. In these circumstances; I am of the considered view that the applicant could not make a case for grant of post arrest bail. Accordingly, instant criminal bail application was dismissed vide short order dated 23.08.2021, and these are reasons of the short order.
9. The observations made hereinabove are tentative in nature only for the purpose of deciding the instant bail application, which shall not, in any manner, influence the learned Trial Court at the time of final decision of the subject case.
J U D G E