ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No. 237 of 2010.

Date	Order with signature of Judge

1. For orders on office objection.

2. For hearing.

27.04.2010.

                        Mr. Faiz Mohammad Larik, Advocate for applicant.

                        Mr. Musab Baleegh Dhamraho, State counsel.

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                        The applicant is involved in crime No. 48/1996, P.S Dodapur. On 26.03.2010, he was granted interim pre arrest bail without touching merits of the case.

                        The case of prosecution is that on 28.12.1996, at 10.00 a.m. when the complainant alongwith deceased reached at Kotri minor bridge, where at once Mehrab (present applicant) Shahban and Mehmood having T.T pistols in their hands came near the complainant party and while abusing and challenged complainant asked them that they have to take revenge from them. They also issued threats that they will not be spared and will be killed. All the accused then fired from their respective pistols, which hit Fida Hussain, while complainant and PW Deedar got themselves fallen on the ground. Then all the accused went away towards their house. The complainant noticed that the deceased Fida Hussain had received injuries on his head, arm and hand and was expired. After that the complainant lodged the F.I.R with police.

                        We have heard learned counsel for applicant, as well as learned State counsel and have gone through the material available on record.

                        Mr. Larik learned counsel for applicant contended that three persons have fired upon deceased and it is yet to be determined that whose fire was fatal and no specific injury is attributed to the applicant.

                        Learned counsel appearing for the State has vehemently opposed grant of bail contending that all the three accused persons are nominated in the F.I.R with specific role of causing firearm injuries to the deceased. He further contended that long standing absconsion has not been explained and this only fact disentitles applicant for grant of pre arrest bail leaving all other aspect of the case.

                        The applicant was absconding for more than fourteen years and he has not furnished any explanation for such long standing absconsion in his bail application or even in his affidavit.  Medical evidence is in conformity with ocular evidence. Special role of causing  firearm injuries to three accused including present applicant is attributed in the  F.I.R. Perusal of postmortem report reveals that the deceased received six injuries, which according to medical officer were caused by firearm.  Perusal of mashirnama of place of vardat also indicates that three empty bullets of pistol were recovered from place of vardat. The motive of the alleged offence is strong one. Extra ordinary concession of pre arrest bail in such a heinous offence cannot be extended in favor of accused in the above circumstances.

                        Under these circumstances, we see no merit in the instant bail application, which is hereby dismissed. Interim pre arrest bail already granted to applicant vide order dated 05.04.2010, is hereby recalled.

                                                                                                            Judge

                                                            Judge