ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S-663 of 2023

(Amjad Khan Panhwar Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application.

07-11-2023.

Mr. Zulfiquar Ali Panhwar, advocate for the applicant.

Mr. Shafi Muhammad Mahar, Deputy P.G for the State

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Irshad Ali Shah, J. It is alleged that the applicant and others fired at complainant Shahbaz Khan with intention to commit his murder, which hit to Zahir Hussain a young boy of eight years of age, who by sustaining that fire, died at the spot and then they went away by causing fire shot injury to PW Nizamuddin with intention to commit his murder, for that the present case was registered. On refusal of bail by learned Ist Additional Sessions Judge/ (MCTC) Naushahro Feroze; the applicant has sought for the same from this Court by way of instant Crl. Bail Application under section 497 Cr.P.C.

2. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant; FIR of the incident has been lodged with delay of about one day; the deceased has died of road accident, which has been given cover of murder by the complainant party in collusion with the medical officer; therefore, the applicant is entitled to be released on bail on point of further inquiry, which is opposed by learned DPG for the State by contending that the applicant is involved in commission of incident with specific role of causing fire shot injury to the deceased.

3. Heard arguments and perused the record.

4. The applicant is named in the FIR with specific allegation that the fire made by him at the complainant hit to Zahir Hussain, who after sustaining such fire shot injury on his head died at the spot; his death on account of sustaining fire shot injury is confirmed by medical officer. In that situation it would be pre-mature to say that the applicant being innocent has been involved in this case falsely by the complainant party in order to satisfy its grudge with him over shifting of mud. The delay in lodgment of the FIR is explained in FIR itself, same even otherwise could not be resolved by this Court at this stage. No opinion contrary to what, has already been arrived at by the medical officer with regard to the death of the deceased could be arrived at by this Court while deciding the instant bail application for the reason that the deeper appreciation of facts and circumstances is not permissible at bail stage. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged and no case for his release on bail is made out.

5. Consequent upon the above discussion, the instant bail application is dismissed.

J U D G E

Nasim/P.A