IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.155 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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05.03.2025
Mr.
Abdul Hakeem Jakhro, advocate, holds brief for Mr. Saeed Ahmed Khoso, advocate for
applicants
Ms. Seema Zaidi, Additional Prosecutor General Sindh
Mr. Ajab
Khan Khattak, advocate for complainant
SIP/IO Dost Muhammad Khan of PS Peerabad
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Applicants/accused
Farman son of Akhtar Gul
Khan and Akhtar Gul Khan
son of Mir Ghoas Khan seek pre-arrest bail in FIR No.433/2024,
registered at P.S. Peerabad for offence under
sections 302, 109, 34, PPC, after rejection of their bail plea by Additional
Sessions Judge-III, West Karachi vide order dated 20.12.2024.
2. Allegations
against applicants/accused in this case are that on 02.08.2024, accused Farman Gul with his accomplice, at the instance of his father Akhter Gul, came to the house of
complainant, duly armed with weapon, and while father of complainant was
returning home after offering Fajar Prayers, they
fired upon him, due to which complainant’s father became seriously injured and
died in hospital.
3. Mr.
Abdul Hakeem Jakhro, advocate, holding brief on
behalf of Mr. Saeed Ahmed Khoso,
counsel for applicants, submits that applicants are innocent and they have been
falsely implicated in the present case due to previous enmity between the
parties; that specific role has been assigned to co-accused Islam Gul, who is in custody and during investigation crime
weapon was recovered on the pointation of co-accused
Islam Gul; empties recovered from the place of
incident were matched with the pistol and there is positive FSL report. He
further submits that applicant Akhtar Gul Khan was not shown at the scene of offence whereas
applicant Farman was shown empty handed, running from the scene of offence and
charge against him is under section 109, PPC, hence his case requires further
inquiry in terms of Section 497(2), Cr.PC.
4. On the
other hand, learned Additional Prosecutor General Sindh, assisted by counsel
for complainant, opposed for grant of bail on the ground that applicants are
nominated in FIR and they have shared common intention and actively
participated in the commission of alleged offence, which carries capital
punishment; that there is firm motive against applicants/accused, however, she
admits that specific role has been assigned to co-accused Islam Gul, weapon recovered from him matched with empties
recovered from the place of incident.
5. Heard
learned counsel for applicants, Additional Prosecutor General Sindh, counsel
for complainant and perused the material available on record.
6. Complainant
of this case is not eyewitness of the alleged incident. During investigation
police recorded statement of PW Adil Khan under
sections 161 as well as 164, Cr.PC, which reveal that
he has seen co-accused Islam Gul, armed with weapon
along with applicant/accused Farman was running from the scene of offence.
Presence of applicant Akhtar Gul
Khan was not shown at the scene of offence. Learned Additional Prosecutor
General Sindh admits that specific allegation is against co-accused Islam Gul, who caused firearm injuries to deceased Gul Roz Khan. During investigation Islam Gul was arrested and crime weapon was recovered on his pointation from the cabin of applicant/accused Farman and Farman
was shown empty handed at the scene of offence. Charge against applicant Farman
is under section 109, PPC for abetment/sharing common intention, which makes
out a case of further inquiry in terms of Section 497(2), Cr.PC
whereas applicant/accused Akhter Gul
Khan was not shown at the scene of offence. It is well settled law that merits
cannot be considered at bail stage and only tentative assessment can be made.
Reliance is placed on the cases of Zeeshan versus the
State and another (2024 SCMR 1716), Kazim Ali versus
the State (2021 SCMR 2086) and Muhammad Ijaz versus
the State (2022 SCMR 1271).
8. In view
of above, interim pre-arrest bail granted to applicants Akhter
Gul Khan and Farman by this Court vide order dated 22.01.2025
in the aforesaid FIR is hereby confirmed on the same terms and conditions.
9. The
instant bail application is accordingly disposed of.
J U D G E
Gulsher/PS