ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 462 of 2023.

Date of hearing

Order with signature of Judge

11.09.2023.

            Mr. Saeed Ahmed Bijrani, Advocate for applicant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Shamsuddin Abbasi, J:          This order will dispose of the captioned bail application, through which applicant Abdul Rasheed Khoso is seeking pre-arrest, in a case registered against him at Police Station A-Section Kandhkot, vide FIR No.151/2023, under Sections 320, 279, 337-G, 427, 337-A (i), 337-F (i), 337-F (v), and 337-L (ii) P.P.C.

            Heard the arguments advanced at the Bar, and perused the record placed on the record. From the hearing of arguments and perusal of record, it has been observed as under: -

(a) It is alleged in the FIR lodged by the complainant H.C Habibullah Shaikh that, on 12.6.2023 at about 1100 hours, on road leading from Kandhkot to Shikarpur near Saqi curve, a rocket truck bearing No. TKA- 762 driven by an unknown driver, owned by applicant/ accused Abdul Rasheed fallen over two rickshaw cart and in consequence thereof Abdullah, Mst. Basheeran, Mst. Rasheedan, Irfan, Muhammad Yousif, Mst. Shahnazi lost their lives while Mst. Rani, Qurban, Jamsher, Barkat, Houran, Sumera become injured. 

(b) Admittedly, the applicant is not driver of the truck, which fallen over two rickshaw cart. He being owner of the truck has been nominated as accused in the FIR, without any role in the commission of the alleged offence.

(c) Admittedly, presence of the applicant is not shown at the place of incident at the relevant time.

(d) The except Section 337-F (v), the rest of Sections applied the FIR are bail-able and do not fall within prohibitory clause of Section 497 Cr. P.C.

(e) The legal heirs of deceased Abdullah, Mst. Basheeran, Mst. Rasheedan and Muhammad Yousif had filed their affidavits before learned trial Court extending no objection to grant of bail to applicant.

(f) This Court in similar circumstances in compoundable offence granted bail to accused persons in the case reported as 2003 MLD- 1665 (Karachi).  The Gilgit-Baltistan Chief Court also granted bail to accused in similar circumstances in non-compoundable offences in case reported in 2018 YLR-2501.

            In view of the above observations, I am of the considered opinion that case agaisnt applicant requires probe into his guilt as envisaged by Section 497 Cr.P.C. and he has been able to make out a case for grant of concession of discretionary relief of bail. As such, interim pre arrest bail already granted to applicant vide Order date 21.08.2023, is hereby confirmed on same terms and conditions. 

            Needless to say, that the above observations are tentative in nature, and shall not prejudice the case of either party during the trial.

                                                       Judge

Ansari