ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No. 274 of 2009.

Date	Order with signature of Judge

For hearing.

11.01.2010.

                        Mr. Arif Safdar Ghauri, Advocate, holding brief for Mr. Asif Ali Abdul Razak Soomro, Advocate for applicant.

                        Mr. Ali Raza Pathan, State counsel.

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                        F.I.R No. 21/2009, was recorded at PS Shah Panjo Sultan on 02.04.2009, at 100 hours, for an incident alleged to have occurred on 31.03.2009, at  06.30 hours. It was alleged by the complainant that there has been some dispute between the parties regarding some agricultural land. On the fateful day in the morning the complainant alongwith relatives after offering Fajar prayer were going back to the shrine, when about 20-personsduly armed waylaid them. It was further stated in the complaint that the present applicant fired his gun directly at Kamdar Manzoor Chandio, which fire his hit right calf. Although firing is alleged by other persons also, no body was injured.

                        Bail application was filed in the Court below. The learned Court below  vide order dated 22.5.2009, allowed bail to all the other accused except the present applicant, who according to the Court below had been specifically named in the FIR with role that he had caused gunshot injury to injured Kamdar Manzoor Chandio, hence this bail application.

                        Mr. Arif Safdar Ghauri, Advocate holding brief for Mr. Asif Ali Abdul Razak Soomro, Advocate for applicant, made the following submissions.

(i) That, the applicant is Taluka Nazim of Mehar, and he has falsely been implicated for political reasons. In this regard the learned counsel also referred to FIR No. 39/2008 PS Thariri Mohabbat, and FIR No. 61/2008 of PS Mehar; in both the FIRs:, the learned counsel submits that present applicant has been acquitted. He also referred to an order passed by this Court in C.P. No.S- 164/2008,on 16.5.2008, whereby this Court after noticing the contentions directed all the concerned to expedite the FIRs: in accordance with law.  The Court further directed that the respondents would not initiate any FIR against the petitioner  without notice to them nor any other action detrimental to their life and liberty be taken except in accordance with law.

(ii) That, medico legal officer vide his report has declared the injury as  Ghayr Jaifah Mutalmihah, which is punishable with three years, therefore,  alleged offence does not fall within prohibitory clause of section 491 Cr.P.C.

(iii) That, on the application of applicant, Special Medical Board was constituted, and that medical board has suspended the medico legal certificate, therefore, in any case the case is of further enquiry.

                        Learned counsel appearing for the State submitted that since injury involves a punishment of maximum three years, therefore, he does not object for grant of bail.  Consequently, this bail application is allowed. Interim pre arrest bail already granted to applicant on 27.05.2009, is confirmed on the same terms.

                        Criminal bail application is disposed of.

                                                                                                            Judge