2025 PLP 938 (MLD)

Muhammad Saleem Jessar, J.

Through this application, applicants Wahid Khan and Rab Nawaz Khan seek their admission on pre-arrest bail in Crime No. 234/2024 of Police Station Zaman Town, Karachi, under Sections 324 and 34, P.P.C read with Sections 337-F(vi) (iii) and 201, P.P.C. The applicant preferred his anticipatory bail before the Court of Sessions, which was assigned to 12th Addl. Sessions Judge, Karachi (East), who after hearing the parties, has turned down his request through order dated 21.05.2024. The case has been challaned which is now pending for preliminary proceedings before the Judicial Magistrate having jurisdiction in terms of dicta laid down by Hon'ble Supreme Court of Pakistan in case of Muhammad Ramzan v. Rahib and others (PLD 2010 SC 585) Hence, instant bail application has been maintained.

2. The crux of the prosecution case are that applicant Wahid Khan allegedly caused pistol shot injury to injured PW Muhammad Saleem which landed on his left leg: whereas, applicant Rab Nawaz has been shown no role or avert act except mere his presence. The injury allegedly sustained by PW Muhammad Saleem has been opined by the Medico Legal Officer to be punishable under Section 337-F(vi), P.P.C; hence, this FIR.

3. Learned counsel for the applicants submits that applicant No.2 Rab Nawaz Khan had married with daughter of injured PW Muhammad Saleem, who (wife of applicant No.2) had joined Government Job, therefore, she was restrained by her husband/applicant No.2 not to perform her job; hence, she left her house without consent or permission of her husband; hence, applicant No.2 had contracted second marriage, which annoyed the complainant party, therefore, they have managed this case though no such offence, as alleged, has taken place. As far as, role attributed to applicant Wahid Khan is concerned, learned counsel submits that role attributed to him is of causing fire arm injury which is on non-vital part of the body; besides, said offence carries maximum punishment up to seven years, therefore, case against him requires further inquiry.

4. Learned Deputy P.G, Sindh appearing for the State opposes the bail application on the ground that both accused are nominated in the FIR; besides, role of causing fire arm injury is assigned to applicant No.1 Wahid Khan to injured PW Muhammad Saleem and applicant No.2 Rab Nawaz Khan being facilitator, therefore, both are not entitled for the bail.

5. Learned counsel for the complainant while adopting arguments advanced by learned Deputy P.G, Sindh, also opposes the bail application and submits that there are 16 witnesses of the prosecution case and all those have supported the version of the prosecution in their respective 161 Cr.P.C statements.

6. Heard arguments and perused record. No doubt, applicants are nominated in the promptly registered FIR; however, role attributed to applicant Wahid Khan is that he allegedly caused fire arm shot injury to injured PW Muhammad Saleem, which landed on his left leg and became through and through. It being on his non-vital part of the body, has not been declared by the MLO to be fatal for the life of injured. No allegation for repetation of fire arm has been assigned or levelled, therefore, if contents of the FIR may be presumed to be true, even then presumption would be termed that he had no intention to commit Qatl-i-Amd of the injured PW Muhammad Saleem, as alleged. Therefore, application of section 324, P.P.C is yet to be established by the prosecution after recording its evidence. As far as injury sustained by the injured is concerned, same has been declared by the MLO to be punishable under Section 337-F(vi) P.P.C which carries maximum punishment up to seven years; hence, does not exceed limits of prohibitory clause of section 497, Cr.P.C.

7. In view of matrimonial dispute between the parties, mala fide on the part of prosecution cannot be denied; hence, basic ingredients for grant of pre-arrest bail, as enshrined by the Hon'ble Supreme Court of Pakistan in case of Rana Muhammad Arshad v. Muhammad Rafique and another (PLD 2009 SC 427), are fully attracted in this case.

8. As far as, role of applicant No.2 Rab Nawaz Khan is concerned, his mere presence has been shown, that too is yet to be established by the prosecution before the trial Court at the time of evidence. I am fortified with the dicta laid down by the Honourable Supreme Court of Pakistan in case of Khaleel Ahmed Soomro and others v. The STATE (PLD 2017 SC 730).

9. In the circumstances and in view of above discussion as well as dicta laid down by learned Apex Court in cases of Khaleel Ahmed Soomro v. The State (Supra) and Rana Muhammad Arshad v. Muhammad Rafique and another (Supra), case against applicants requires further inquiry. Consequently, instant bail application is hereby allowed; interim bail granted earlier to applicants Wahid Khan son of Hameedullah Khan and Rab Nawaz Khan son of Wahid Khan on 23.05.2024 is hereby confirmed on same terms and conditions.

10. Applicants present before the Court are directed to continue their appearance before the trial Court without negligence and in case they may misuse the concession or may temper with the prosecution's evidence then the trial Court would be competent to take legal action against them as well to their surety in terms of Section 514, Cr.P.C.

11. Let copy of this Order be communicated to trial Court through learned Sessions Judge, concerned. Learned MIT-II to ensure compliance. SA/W-2/Sindh Application allowed.