THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-232 of 2022

Applicant:            Fahad Hussain and Mst. Hazooran through Mr. Muhammad Sharif Awan, Advocate.

Complainant:      Javed Ahmed through Syed Lal Shah, Advocate.

Respondent:        The State

Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  27.10.2022

Date of Order:     27.10.2022

O R D E R

AMJAD ALI SAHITO, J.- Through instant Criminal Bail Application, applicants/accused Fahad Hussain son of Muhammad Khan and Mst. Hazooran daughter of Muhammad Khan both by caste Matani seek pre-arrest bail in Crime No. 23/2022, offence under Sections 302, 34 PPC of the Police Station Kakkar. Prior to this, they filed such application, but the same was turned down by the Court of Additional Sessions Judge-I/MCTC, Dadu vide Order dated 27.04.2022; hence he filed instant Criminal Bail Application.

2.                The details and particulars of the F.I.R. are already available in the bail application and F.I.R., same could not gathered from the copy of F.I.R. attached with such application, hence, needs not to reproduce the same hereunder.

3.                Per learned counsel, the applicants/accused are innocent and they have been falsely implicated in this case by the complainant with malafide intention and ulterior motives; that deceased Mst. Nirma has committed suicide and the complainant has falsely implicated the present applicants/accused in this case; that the brother of the deceased was present there and he further added that postmortem was not conducted on the dead body of deceased; as such applicants/accused are entitled to the concession of bail. Lastly, learned counsel prayed for confirmation of bail earlier granted to the applicants/accused.

4.                On the other hand learned counsel for the complainant as well as Deputy Prosecutor General vehemently opposed the grant of bail to the applicants/accused. Learned counsel for the complainant further added that postmortem was conducted on the dead body of the deceased as per doctor’s opinion this is not case of suicidal but homicidal case. Lastly he prayed for dismissal of the bail.

5.                Heard and perused. Perusal of record reveals that names of the applicants/accused have been appeared in the F.I.R. with specific role that accused Fahad Hussain used to maltreat the deceased Mst. Nirma. On the day of incident when the complainant entered in the room he saw that accused Fahad Hussain strangulated the deceased Mst. Nirma with reshmi dupatta, accused Mst. Hazooran caught hold her hands while accused Muhammad Khan caught hold her legs, they made cries and when the villagers reached there the accused party fled away; after that dead body of the deceased was shifted to the hospital and later postmortem was conducted. The doctors opined that this is not the case of suicidal, but homicidal.  At bail stage only tentative assessment is to be made and ocular evidence also finds support from the medical evidence and the witnesses are also supporting the version of the complainant while recording their statements under section 161 Cr.P.C. Learned counsel for the applicants/accused has not pleaded any malafide or ill-will on the part of the complainant to believe that they have been implicated falsely in this case.  Resultantly, instant Criminal Bail Application is dismissed. The interim pre-arrest bail granted to the applicants/accused vide Order dated 29.04.2022 is hereby recalled.

6.                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

Manzoor