2017 PLP 309 (YLRN)

SHAHNAWAZ TARIQ, J.

Through captioned criminal miscel-laneous application, applicant Rehan Shabir has impugned order dated 15.11.2011, passed by the Court of learned II- Additional Sessions Judge Sukkur, whereby respondents interim pre-arrest bail granted to respondents was confirmed.

2. Relevant facts spelt out from instant application are that applicant lodged FIR No.175/2011, under sections 322 and 427, P.P.C. at Police Station Rohri on 27.07.2011 in respect of incident occurred on 26.06.2011, stating there that in the month of February, 2011, there was leakage of gas in his house and his father late Ghulam Shabir Sherwani moved application to the Assistant Complaint Incharge Sui Gas Office and officials visited his house and found in main line underground leakage outside the house and assured for repairing in couple of days, but said leakage was not repaired. Father of complainant visited Sui Gas Officials but no avail. On 26.6.2011 at about 1130 hours, he was standing outside the house and there was a powerful explosion and the outer windows of the house were split and fallen down in the street and he along with witnesses rushed towards there and noticed his 12 family members seriously injured condition and all were unconscious. He with the help of neighbourers shifted all family members to the Civil Hospital Sukkur for immediate treatment and then they were referred to Hira Hospital Sukkur and then they were referred to Civil Hospital Karachi in burnt ward and children were referred to Patel Hospital Karachi. His brother Javed Shabir informed that his mother Mst. Abida Hashmi was ironing the clothes, in A/C room, wherefrom smell of gas was discharging. Incidentally, the switch of iron wire came out from the plug and when she was putting it again in plug, there was a spark and blast which ultimately resulted into death of 9 persons while 3 persons sustained burn injuries.

3. Applicant and his Counsel are called absent. Mr. Ali Raza Balouch advocate holding brief for Mr. Zubair Ahmed Rajput advocate for applicant and submits that Mr. Rajput is busy before Principal Seat at Karachi. Perusal of record reflects that on series of dates neither applicant nor his Counsel were in attendance and even on last date note of caution was given to the applicant in this context but today position remained same. Consequently, I have heard instant criminal misc. application with the assistance of learned APG and learned counsel for respondents.

4. Learned counsel for respondents files statement, which is taken on record and copy supplied to learned APG. Learned counsel submits that respondents filed Constitution Petition No.D-2219/ 2011, Re-Khair Mohammad and others v. P.O. Sindh and others for quashment of FIR and same was disposed of on 25.04.2012 by directing the I.O. to submit challan; that after submission of challan, learned trial Court framed the charge against accused persons, but prosecution has failed to examine even a single witness during the period of about 3 years. Learned Counsel for further contended that matter pertains to year 2011 and learned trial Court after consideration of the available material, granted interim pre-arrest bail to the respondents which was subsequently confirmed through impugned order; that respondents have been appearing before learned trial Court regularly and neither they have misused the concession of bail nor jumped the trial; that the applicant has failed to point out any valid ground in instant misc. application for recalling of impugned order passed by the learned trial Court which was passed on merits.

5. Learned APG pointed out the relevant portions of the impugned order available at page-29 of this file and has supported the impugned order. He further contended that section 322, P.P.C. is punishable for Diyat while offence under section 427 requires further consideration.

6. Heard learned Counsel for respondents and learned APG and perused the material available on record.

7. Perusal of record reflects that respondents 2 to 10 are serving in Sui Gas Company. Allegedly, there was leakage of gas from line at the house of complainant, which resulted in explosive whereby 9 persons were died and 3 sustained injuries. Perusal of impugned order emanates that learned trial Court at the first instance granted interim pre-arrest bail to the respondents which was later on confirmed vide order dated 15.11.2011. Learned trial Court has discussed all relevant aspects of the case prudently. The offence under section 322, P.P.C. is punishable for Diyat amount, while the offence under section 427 is punishable for 2 years or fine or both. Allegations of commission of mischief on the part of respondents who are serving in Sui Gas Company on different posts, require further consideration and it is for the learner trial Court to record the evidence of PWs and fix the responsibility of guilt against accused persons. It is significant to mention that charge was framed on 02.08.2013 and respondents are regularly appearing before learned trial Court but prosecution has failed to examine even a single witness with the period of more than 2 years 10 months to substantiate the charge. It is well settled that when bail is granted to the accused strictly on merits after scanning the material prudently and exercising discretion, it should not be interfered without any tangible evidence of tampering with the prosecution evidence as well as commission of miscarriage of justice. In absence of any valid ground for cancellation of bail, mere the plea of sensitivity or heinousness of the offence, would not be justified for cancellation of bail when such concession was extended on the merits and ground of further inquiry as contemplated under section 497(2), Cr.P.C.

8. Considering the above circumstances, instant criminal miscellaneous application for cancellation of bail stands dismissed being devoid of any legal substance. However, learned trial Court is directed to conclude the trial within three months by adopting all possible measures. JK/R-5/Sindh Petition dismissed.