2025 PLP 1984 (MLD)

Muhammad Saleem Jessar, J.

Through this application, applicant Aijaz Ali Banglani seeks his release on post arrest bail in Crime No. 139 of 2022, registered at P.S A-Section, Thul, for offences under Sections 302, 337-H(2), 148, 149, P.P.C. Per investigation, the applicant was arrested on 31.07.2023 and after completion of formalities the challan against him as well as others has been submitted, which is now pending for trial before the Court of Additional Sessions Judge, Thul (trial Court) vide Sessions Case No.212/2023, re-The State v. Gul Meer & others. The applicant filed bail plea before the Court below which was declined vide order dated 01.11.2023; hence this application has been maintained.

2. The facts of the prosecution case, in brief, are that on 10.10.2022, at 10.00 p.m., the present applicant Aijaz Ahmed Banglani along with 04 others, being armed with T.T. Pistols, entered the house of complainant Sadam Hussain Banglani situated near Village Jumo Dakhan Soomro, Taluka Thul and committed murder of complainant's brother Saindad alias Sheesho by making fires upon him. Hence, such FIR was lodged by the complainant on 12.10.2022.

3. Learned counsel for the applicant argues that though the applicant is nominated in the FIR with specific role of causing firearm injuries to complainant's brother Saindad alias Sheesho; however, was let-of by the police during investigation and his name was placed in column No.2 of the challan Such report in terms of Section 173, Cr.P.C was filed before the Civil Judge and Judicial Magistrate concerned, who did not concur with the police opinion and by taking cognizance joined him as accused. He, therefore, submits that the prosecution itself has dented its own case by letting of the applicant during investigation; hence, case against him requires further enquiry. As far role attributed to the applicant is concerned, learned Counsel submits that no seat of injury has been shown in the FIR and therefore, it is yet to be determined by the trial Court at the time of trial and prays for bail.

4. On the other hand, learned D.P.G. opposes the bail application on the ground that the applicant is nominated in the FIR with specific role of causing firearm injury to deceased and the offence with which he is charged carries capital punishment, therefore, no case for bail is made out. As far the contention of learned Counsel for the applicant that the applicant was let-of during investigation, learned DPG submits that police opinion is not binding upon the Courts and the offence with which the applicant has been charged is triable by the Court of Sessions, therefore, this ground is not helpful for the accused at bail stage; however, it can be adjudicated at the time of trial; hence, opposes the bail application.

5. Mr. Ali Raza Pathan, learned Counsel for the complainant, by adopting the argument of learned DPG, opposes the bail application and contends that the charge has been framed; besides the complainant remains present before the trial Court on each and every date of hearing, however, the defense is not proceeding with the trial on the ground that the PWs are not in attendance. He therefore, undertakes to produce complete set of witnesses before the trial Court on the next date viz., 09.4.2025.

6. Undeniably, the applicant is nominated in the promptly lodged FIR with specific role of causing firearm injury to deceased Saindad alias Sheesho. The offence with which the applicant stands charged carries capital punishment and bail cannot be granted to an accused who has been shown involved in such a heinous crime. The PWs have categorically implicated the applicant in their respective 161, Cr.P.C statements. As far contention that the applicant was found innocent and was let-of by the Investigating Officer during investigation; however, such opinion of police was not accepted by the Magistrate and once he has been joined as an accused, the best course for him is to proceed with the trial instead of pressing for grant of bail. Even otherwise, it is settled principle of law that deeper appreciation is not permissible at bail stage, as held by Hon'ble Apex Court in a case of Sohail Waqar Sohaila v. The State reported in 2017 SCMR

325. From tentative assessment of material available on record, it appears that sufficient material is available on the record, which connects the applicant with the commission of alleged offence, which entails capital punishment.

7. Accordingly and in view of role attributed to the applicant, in my view, no case for bail is made out. Consequently, instant bail application is hereby dismissed. However, the trial Court is directed to pace up the trial proceedings and conclude the same within shortest possible time, preferably within 04 months hereof, under intimation to this Court.

8. The observation made hereinabove are based on tentative assessment of the material placed on record, which shall not influence the trial Court, in any manner, during the trial. JK/A-26/Sindh Application dismissed.