2021 P Cr (PLP)

KHADIM HUSSAIN M. SHAIKH, J.

Through the captioned bail application, applicant Ghulam Mustafa son of Ali Nawaz alias Nazal Kalhoro has sought his release on post arrest bail in the case, emanating from FIR No.24 of 2019, registered at Police Station Mahi Makol, District Kamber-Shahdadkot for offence under sections 324, 109, 34, P.P.C. after his bail plea has been declined by the learned Additional Sessions Judge-II, Kamber by dismissing his bail application vide Order dated 10.08.2019.

2. Learned counsel for the applicant has mainly contended that the applicant is innocent and he has been false implicated by the complainant party due to their enmity, which is admitted in the FIR; that there is delay of one day in lodgment of the FIR without proper explanation thereof; that the applicant was allegedly armed with Kalashnikov (K.K.) and allegedly made one fire from the K.K., which hit the leg of injured and he is not alleged to have repeated fire; that co-accused Sachal and Shaman Ali are on bail granted to them by the learned Trial Court; and, that the investigation has stood completed and the applicant is no more required for the purpose of investigation. Learned counsel prays for release of the applicant on bail.

3. The learned Deputy Prosecutor General has opposed the grant of bail to the applicant, stating that name of the applicant is mentioned in the FIR and he is alleged to have caused firearm injury to injured Rukhwan Ali on his leg. Learned Deputy Prosecutor General prays for dismissal of this Criminal Bail Application.

4. I have considered the submissions of the learned advocate for the applicant and the learned Deputy Prosecutor General and have gone through the material available on the record and the police file with the assistance of the learned Deputy Prosecutor General.

5. From a perusal of record it would be seen that this incident is shown to have taken place on 31.05.2019 on 2215 hours and whereas the FIR was lodged on 01.06.2019 at 1500 hours and such delay has not been explained properly; the incident is shown to have take place in dark night at 2215 hours at fish farm and the source of light as is shown in the FIR was torch light, but that torch was not secured by the police as is stated by the learned Deputy Prosecutor General after going through the police papers on a query; the alleged injury on the leg of injured Rizwan Ali, which is non-vital part of the body, constituting offence under section 337-F(v), P.P.C, carrying punishment upto 5 years, does not fall within the prohibitory clause of section 497 Cr.P.C; the applicant allegedly fired once from the K.K statedly carried by him, but he is not alleged to have repeated the fire; and, co-accused Shaman Ali and Sachal are already on bail. Under these circumstances, I am of the view that the applicant made out his case for grant of concession of bail. These are the reasons of short order announced by me on 01.11.2019, whereby this bail application was allowed and the applicant was directed to be released on bail subject to his furnishing a solvent surety in the Rs.100,000/- (Rupees One Hundred Thousands only) and P.R. Bond in the like amount to the satisfaction of the learned Trial Court.

6. The observations made hereinabove are tentative in nature only for the purpose of deciding the instant bail application, which shall not, in any manner, influence the learned Trial Court at the time of final decision of the subject case. SA/G-18/Sindh Bail granted.