IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.2568 of 2025
Criminal Bail Application No.2569 of 2025
[
Gulzar Khan son of Haji Muhammad Ali versus
The State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail applications
-----------------------------------------------------
02.02.2026
Mr. Khawaja Muhammad Azeem, advocate
for applicant
Mr.
Sharafuddin Kanhar, APG
-------------------------------------------
SHAMSUDDIN
ABBASI, J.-
Applicant Gulzar Khan son of Haji Muhammad Ali seeks
pre-arrest bail in FIR No.654/2025, for offence and under Section 324, 147,
148, 149, PPC and FIR No.655/2025, for offence under Section 23(1)(a) of the
Sindh Arms Act, 2013, both registered at Police Station Manghopir,
Karachi, after rejection of his bail pleas by learned Additional Sessions
Judge-III, Karachi West vide orders dated 13.09.2025.
2. Brief
facts of prosecution case are that applicant has been arraigned as accused on
the allegation of causing firearm injury to complainant Meer Jan, on 07.09.2025
at 05:00 p.m., on his left leg and pistol used in causing firearm injury to injured
has been recovered from his possession, hence the aforesaid FIRs.
3. Learned
counsel for applicant mainly contended that it is alleged in FIRs that applicant
Gulzar Khan and co-accused Nadir have caused firearm
injury to complainant Meer Jan, however, during investigation they have
challenged the medico-legal certificate, Office Order dated 13.12.2025, issued
by Medical Superintendent, Services Hospital and Civil Surgeon, Karachi, has
placed on record, in which it is mentioned that meeting of Special Medical
Board was scheduled to be held on 22.01.2026 at 11:00 a.m. for examination of
injured Meer Jan but the injured was not examined by the Board due to his
absence; that there is inconsistency between medical evidence and ocular
version; that applicant and co-accused Nadir have been assigned identical role
of causing firearm injury but medical evidence shows that he has received only a
single firearm injury on his left leg, hence he prays for grant of post arrest
bail to applicant/accused.
4. Complainant
and his counsel are called absent, without any intimation. Learned A.P.G. has opposed
for grant of post arrest bail on the ground that applicant is nominated in the
FIR with specific role, however, he admits that there
is inconsistency between medical evidence and ocular version.
5. Heard
learned counsel for applicant as well as learned A.P.G. and perused the
material available on record.
6. It
is matter of record that 12 accused are nominated in FIR No.654/2025 and 25/30
unknown persons were also implicated as accused, who assaulted on the
complainant whereas specific role of causing firearm injury has been assigned to
present applicant and co-accused Nadir but medical evidence shows that the
injured has received a single firearm injury on his left leg; that the
applicant and co-accused Nadir have challenged medico-legal certificate issued by
M.L.O. and a Special Medical Board was constituted and vide Office Order dated
13.12.2025, its meeting was scheduled on 22.01.2026 at 11:00 a.m. for
examination of injured Meer Jan but injured did not appear before Special
Medical Board, as argued by learned counsel for applicant. Absence of injured
before Special Medical Board draws adverse impact on the case of prosecution. However,
injury sustained by complainant is on non-vital part of the body and he did not
repeat the same, therefore, applicability of Section 324, PPC is yet to be
determined at the trial. Reliance is placed on the case of Jamaluddin
versus the State (2023 SCMR 1243). From
tentative assessment of material available on record, it appears that there is
inconsistency between the medical evidence and ocular version, which requires
further inquiry in terms of Section 497(2), Cr.PC. Reliance
is placed on the case of Muhammad Ameen versus the
State (2022 SCMR 1444).
7. Connected
Criminal Bail Application No.2569/2025 is filed by applicant Gulzar Khan for grant of Post Arrest Bail in FIR
No.655/2025, under section 23(1)(a) of Sindh Arms Act, 2013, which is off-shoot
case of main case i.e. FIR No.654/2025. Therefore, the applicant/accused is
admitted to post arrest bail in both the aforesaid FIRs, subject to his furnishing
solvent surety in the sum of Rs.100,000/- (Rupees one
hundred thousand) in each case and P.R. bond in the like amount to the
satisfaction of the trial Court.
8. Needless
to mention here that the observations made hereinabove are tentative in nature,
the same would not influence the trial Court while deciding the cases of the
applicant/accused on merits.
9. Both
the captioned criminal bail applications are disposed of in the above terms.
J U D G E
Gusher/PS