IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No.S-961 of 2024

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

For hearing of pre-arrest bail.

Date of hearing 21.10.2025.

Mr. Anwar Ali, Advocate for applicant/accused.

Mr. Ali Anwar Chachar, Advocate for complainant.

Mr. Mansoor Ahmed Shaikh, D.P.G for State.

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O R D E R

Applicant Ghulam Sarwar Chachar present on interim bail. Learned counsel effecting appearance on part of persons filing affidavits submits the same whereas learned counsel for the applicant also files statement alongwith certified copies of the depositions made before the learned trial Court.

Applicant seeks pre-arrest bail in Crime No.48 of 2024 registered at Police Station ‘B’ Section, Ghotki u/s 302, 311, 34 PPC wherein the present applicant alongwith another person is alleged to have caused death of two women namely, Mst. Shazia and Mst. Manzooran on the basis of allegations of ‘Karo Kari’ by way of firing.

Learned counsel for the applicant contended that the persons who were accused of Karo alongwith the alleged victims have filed affidavits that they have not so declared. He contends that legal heirs have filed affidavits before this Court denying the contents of the FIR and exonerating the applicant. It is also contended that Section 345 Cr.P.C being available compounding is available and as such bail is liable to be entertained. Learned counsel also contends that total all 17 witnesses have been brought-up in the challan out of which 06 have been examined whereas Six have been given-up only three remaining witnesses are left for examination.

Mr. Ali Anwar Chachar, learned counsel effecting appearance for the persons who have filed the affidavits also requires the concession of bail for the applicant.

Learned Deputy Prosecutor General however, contends that FIR was lodged contents of which are duly supported by medical evidence and he further contends that the relative of the victim had filed an application u/s 22-A&B Cr.P.C whereafter 161 Cr.P.C. statements of the relatives as well as statement of witnesses including the persons nominated as Karo were acquired which is inconsonance with the medical evidence as available on record whereby multiple injuries have been caused. In respect to the affidavits learned DPG has referred to the bail order present in the matter as passed by the learned Sessions Judge.

Having heard the counsels and gone through the record. Apparently, the unnatural death of two women is involved in this matter one of whom the wife of the present applicant no reasonable explanation available as to the said deaths present on record. The successful execution of death of two women in the name of ‘Karo Kari’ is by itself good enough to ensure favourable affidavits without the actualities being present and as such the affidavits are found of no value. The present bail application has eventually proceeded with after repeated warnings and in the said circumstances where the present applicant against whom the allegations are present alongwith non-explain death of two women being present to which no disconnection and malafide has been shown. The present bail before arrest application is not found liable to be entertained. Accordingly the order dated 13.12.2024 stands withdrawn/recalled. Bail application stands rejected.

Needless to mention here that observation as above are tentative in nature and not meant to affect merits of the case before the learned trial Court.

Bail applications stands disposed of in the above terms.

J U D G E

Ihsan/PS.