ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.
1st Cr. Bail Appln. No.S- 33 of 2024
Date of hearing Order with signature of Judge.
1.For orders on office objection.
2.For hearing of bail application.
Applicant
(Mst. Asiya Magsi) : Through Mr. Naseer Ahmed Wagan, Advocate.
The State : Through Mr. Aitbar Ali Bullo, D.P.G.
Injured Mst. Reshma present along with parents.
Date of hearing : 22.02.2024.
O R D E R.
Through this application, applicant Mst. Asiya wife of Imdad Ali Magsi seeks bail in Crime No.398 of 2023, of Police Station Kamber City, District Kamber-Shahdadkot, under Sections 324, 337-D, PPC. Applicant filed bail application vide Cr. Bail Appln. No.16 of 2024 before the Court of Sessions, Kamber-Shahdadkot at Kamber, which after hearing the parties was dismissed vide order dated 10.01.2024, hence this application has been maintained.
2. Prosecution case, in brief, is that on 21.11.2023 complainant Yousuf Ali Chandio, the maternal uncle of Reshma, was told by Imdad Ali through cell phone that Reshma being in serious condition was lying admitted in Trauma Centre, Larkana, where the complainant found Reshma lying unconscious and the doctors informed him that Reshma had told them that Mst. Asiya, co-wife of her husband, by stabbing with the intention of murder has wounded her; the intestines of victim Reshma were lying out of her belly; then with the consultation of doctors, Reshma was taken/shifted to Karachi Hospital for treatment and on 22.11.2023, at 2.30 p.m. the complainant approached the police and lodged FIR.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been implicated falsely. He next submitted that the alleged incident is unseen and unwitnessed and the complainant is also not eye-witness of the incident. He also submitted that the FIR of the alleged incident has been lodged with the delay of one day, for which no plausible explanation has been furnished by the prosecution. He submitted that the case against the applicant requires further enquiry, as contemplated under sub-section (2) to Section 497, Cr.P.C; hence, she is entitled for bail.
4. Learned Addl. P.G opposed the bail application, on the ground that the applicant is not only nominated in the FIR, but apart from other PWs, the victim Reshma in her 161, Cr.P.C statement has also fully implicated her in the commission of alleged offence, therefore, the applicant is not entitled for concession of bail. He further submits that the injury allegedly sustained by injured has been declared to be punishable u/s 337-D, PPC, which carries 10 years’ punishment; hence fall under the prohibitory clause of Section 497(i), Cr.P.C.
4-(i) The injured PW Mst. Reshma, who has been brought on stretcher before the Court, by affirming the contents of her 161, Cr.P.C statement submits that the applicant had caused (CHHURI) blows to her and prays for dismissal of the application.
5. To me, this case basically appears to be of domestic violence committed by senior wife Mst. Asiya, the applicant, against junior co-wife of her husband Mst. Reshma, the victim, and in that the applicant/accused crossed the limits by attempting to murder the injured/victim Reshma. Per prosecution case, injured/victim Rehsma was married to Imdad Ali Magsi as his second wife, who was already having first wife namely Mst. Asiya (the applicant) and she used to torture Reshma at times and such complaints were also made to Imdad Ali Magsi, but he had turned to be deaf. Undisputedly, the alleged incident is shown to have occurred in the house of applicant, where the victim Mst.Reshma was also residing being second wife. No doubt, the complainant and the PWs cited in the FIR are not eye-witnesses of the alleged incident, but the injured victim Mst. Reshma, who is star prosecution witness in this case, in her 161, Cr.P.C. statement has fully implicated the applicant in the commission of alleged offence for causing chhuri injuries to her when she was asleep in the room of the house of her husband, by stating further that prior to the alleged incident, the applicant had been torturing and scuffling with her and had also assaulted upon her. The victim, having been produced in Court lying on stretcher, has not only reaffirmed her 161, Cr.P.C statement, but has fully implicated the applicant in the commission of alleged offence. Presence of complainant and PWs at the time of alleged incident, being odd hours of the night, cannot be expected. This domestic violence at the hands of senior wife upon the junior, due to inaction on the part of husband of both ladies, turned into a murderous attack upon the injured victim Reshma, whose intestines were out of her belly and by her timely arrival at the hospital, her life was saved. Apart from that, initially the FIR was registered under Section 324, PPC, which carries punishment upto 10 years; however, on completion of investigation the police have rightly added Section 337-D, PPC, which also carries punishment of 10 years. Therefore, this cannot be treated as a normal case of an scuffle between two women.
6. Accordingly and in view of above, the applicant, in my humble opinion does not deserve to be enlarged on bail at this stage and the trial Court has also rightly turned down her such request. Consequently, finding no merit in the instant bail application, same was dismissed by short order passed on 22.02.2024. Above are the detailed reasons for such order. However, since the accused in this case is a woman, therefore, in all fairness the trial Court is hereby directed to proceed with the trial expeditiously and conclude it as early as possible, preferably within three months under intimation to this Court through the Additional Registrar.
7. The observations recorded hereinabove are based on tentative assessment of the material brought on record, which shall not influence the trial Court, in any manner, at the time of trial.
JUDGE
Qazi Tahir/*