IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

 

Cr. Bail Appln. No. S-25 of 2025

 

Applicant

 

Sadam Hussain s/o Zulfiqar Ali Chandio,

 

 

Through Mr. Saeed Ahmed Panhwar, advocate

 

 

 

Complainant

 

Called absent

 

 

 

The State

 

Through Mr. Aitbar Ali Bullo, D.P.G for the State

 

 

 

Date of hearing

 

17-03-2025

Date of order

 

19-03-2025

 

O R D E R

OMAR SIAL, J.- Sadam Hussain the applicant is accused of shooting and injuring the leg of Khalid Hussain Chandio over a money dispute. F.I.R. No. 85 of 2024 was registered under sections 324, 504 and 34 P.P.C. at the Radhan police station on 02.12.2024.

2.       I have heard the learned counsel for the applicant and the learned Deputy Prosecutor General. The complainant had come to court and said that he might forgive the applicant if someone from his family came and sought forgiveness. I have been informed that the family did approach Mr. Chandio but that he did not forgive him. Mr. Chandio on subsequent hearings did not appear in Court.

3.       The application is for bail. The punishment for the offence with which the applicant is charged falls within the non-prohibitory clause of section 497 Cr.P.C. Arguably the injury is on a non-vital part of the body. No apprehension of the applicant being a flight risk has been raised. Evidence is in the shape of the complainant and the medical reports and thus not much the applicant can interfere with. Keeping in mind that the applicants family has approached the complainant seeking forgiveness, the possibility of him repeating the offence is remote. Investigation is complete and no purpose will be served incarcerating the applicant pending conclusion of the trial. A higher quantum of surety together with a restraining order may be adequate and appropriate.

4.       Given the above, the applicant is admitted to post-arrest bail subject to his furnishing a surety of Rs. one million. As a further condition of bail, the applicant is restrained from contacting the complainant directly or indirectly in any manner. Upon evidence being provided by the complainant that this condition has been breached, the concession of bail will be cancelled by the learned trial court.

 

                                                                                           Judge

Abdul Salam/P.A