IN THE HIGH COURT OF SINDH, CIRCUIT COURT,LARKANA

 

Criminal Bail Appln. No. S-63 of 2023

 

 

Applicant

 

Zulfiqar Ali Mangi,

 

 

Through Mr. Rafiq Ahmed K. Abro, Advocate

 

 

 

Complainant

 

Tufail Ahmed Mangi

 

 

Through Mr. Salahuddin Panhwar, advocate

 

State

 

Mr. Aitbar Ali Bullo, D.P.G for the State

 

Date of hearing

 

27-03-2023

Date of order

 

27-03-2023

 

 

 

 

 

 

 

 

 

                                          

 

O R D E R

 

ZULFIQAR ALI SANGI, J.- Through instant criminal bail application, the applicant/accused Zulfiqar Ali Mangi seeks post arrest-bail in Crime No.40/2022, registered at Police Station Naudero, for the offence U/S 302, 114, 337-H(2), 148, 149 P.P.C, after rejection of his bail plea by the learned Additional Sessions Judge, Ratodero, vide order dated 01.02.2023.

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.                          Learned counsel for the applicants/accused submits that the applicant/accusedis innocent and has falsely been implicated in this case by the complainant; that there is admitted enmity in between the parties on the dispute of election; that after involving the applicant/accused, one Aijaz Ali was declared un-opposed candidate; that causing of fire arm injury on the vital part of deceased has been assigned to co-accused Sajid and only the allegation against the applicant/accused is that he caused fire arm injury on non-vital part of body. It is next contended that applicant has not repeated any second fire shot upon the deceased, therefore, he has no intention to commit his murder; that crime weapon has not been recovered from the applicant/accused; that co-accused, namely, Manzoor Ali and Abdullah have been granted post-arrest bail by this Court vide order dated 31.10.2022 and co-accused Moula Bux has been granted bail by the trial court vide order dated 07.12.2022, therefore, the applicant/accused is also entitled for grant of bail on the rule of consistency. In support of his contentions, he has relied upon the case laws reported asMEERAN BUX versus THE STATE and another(PLD-1989-S.C-347) and unreported bail order dated 12.07.2021 passed in Cr. Bail Appln. No. S-273/2021.

4.                          Learned D.P.G. and learned counsel for the complainant have vehemently opposed for grant of post-arrest bail to the applicant/accused on the ground that applicant is nominated in this case with specific role of causing fire arm injuries to the deceased and two empties were recovered from the place of incident and same have been matched with the weapon recovered from the co-accused Sajid. They submit that no previous empty was existed, however, on the basis of political rivalry, the applicant has committed murder of one innocent person; that the offence falls within the prohibitoryclause of Section 497 Cr.P.C and the role assigned to the co-accused who have been granted bail by this court or by the trial court have quite different role than that of the applicant/accused, therefore, the role of consistency is not applied. Learned counsel for the complainant has relied uponthe cases laws reported as 2022 SCMR 267, 2022 SCMR 2111, 2015 SCMR 655, PLD 2021 SCMR 799 and 2022 YLR 600. They both prayed that bail application of applicant/accused be dismissed.

5.                          Heard learned counsel for the applicant, learned counsel for the complainant, learned D.P.G. and perused the material available on the record with their able assistance.

6.                          Tentative perusal of record reflects that applicant/accused has been nominated in the F.I.R with specific role of causing fire arm injuries upon the deceased and there is recovery of two empties, one is alleged to be used by the applicant and one has been alleged to be used by the co-accused Sajid. I have perused the order dated 31.10.2022, passed by this court granting the bail to co-accused Manzoor Ali and Abdullah.Perusal of said order reflects that they have not participated in the incident actively. F.S.L report is positive. Enmity has been admitted by the applicant party i.e. nomination forms against each other.

7.                          In view of above reasons, I am of the view that prima facie there is sufficient material available on record to connect the present applicant with the alleged offence, learned counsel for applicant has failed to make out a case for grant of post-arrest bail. Resultantly instant criminal bail application is hereby dismissed.

8.                          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