2025 PLP 2777 (YLR)

Ali Baig, C.J.

Through the instant bail petition filed under section 497 Cr.P.C, the petitioner namely Irfan Ullah seeks post arrest bail in criminal case bearing FIR No.19/2023 registered under sections 324 and 379/34 P.P.C at Police Station Singul, District Ghizer.

2. It is pertinent to mention here that prior to filing of this bail petition, the petitioner/accused had filed bail petition in the Court of learned Sessions Judge, Ghizer which was dismissed by the learned trial Court, vide order dated 07.05.2025 passed in Bail Petition No.37/2025, hence this bail petition.

3. Succinctly the allegation against the petitioner/accused as per contents of FIR is that on 22.07.2023, the present petitioner/accused and his co-accused had took away 08 cows from Singul pasture, whereupon the local police chased them. When the local police reached Khanbari Top, the present accused/ petitioner and his co-accused opened fires with firearms on the police party. During exchange of fire shots, the accused fled away from the scene of occurrence leaving the cattle.

4. The learned counsel for the petitioner/accused argued that there is two days delay in lodging of FIR which shows that the case/allegation against the petitioner/accused is false, concocted and fabricated with ulterior motives on the part of local police. The learned counsel for the petitioner/accused further argued that prosecution has failed to recover any incriminating material from the petitioner/accused. The learned counsel for the petitioner/accused further argued that the eye-witnesses are enemies of the petitioner/accused, hence, their statement is not reliable. The learned counsel for the petitioner/accused further argued that no person is injured in the incident as such the case of the petitioner is one of ineffective firing. While summing up his arguments, the learned counsel for the petitioner/ accused argued that the petitioner/accused is no more required to the police for investigation and he is ready to furnish solvent local sureties if he is released on bail. The learned counsel for the petitioner has relied upon judgments dated 26.08.2009 passed by the Hon'ble Supreme Appellate Court GB in Cr. Misc. No. 09/2009 titled "Badar Munir etc. v. The State", judgment dated 01.02.2024 passed by the Hon'ble High Court of Sindh, Circuit Court Hyderabad in Cr. Bail Application No. S-66 of 2024 titled "Sajjad v. The State" and judgment dated 24th October 2024 passed by the Hon'ble Supreme Court of Pakistan in Criminal Petition No.776/2024 titled "Mazhar Ali v. the State".

5. On the other hand, the learned Dy. Advocate General controverted the arguments advanced by the learned counsel for the petitioner/accused by contending that the accused/petitioner has been directly nominated in the FIR with specific role of firing at the police party. The learned Dy. Advocate General further contended that the occurrence has been witnessed by independent eye-witnesses. The learned Dy. Advocate General further contended that the accused has remained absconder for almost two years, which shows that the accused is fully involved in the occurrence. Lastly, the learned Dy. Advocate General contended that if the petitioner/accused is admitted to post arrest bail, he will again abscond.

6. I have given due consideration to the arguments advanced by the learned counsel for the parties and perused the available record of the case with their able assistance.

7. From perusal of record it transpires that the petitioner/accused has directly been charged in the FIR with specific role of opening fires on the police party. Two private independent eye-witnesses namely Miskeen son of Muhammad Naeem and Sharafat son of Jan Alam have witnessed the occurrence. The stolen eight number of cows have been recovered from the possession of the present petitioner and his co-accused. Furthermore, after commission of the offence the petitioner and his co-accused had absconded and the petitioner has remained absconder for about two years and he has been arrested recently on 13-5-2025. The petitioner/accused belongs to Darel and there is likelihood of absconsion of the petitioner again if he is released on bail and there is also danger of offence being repeated by the petitioner/accused if the accused/ petitioner is released on bail. Offence under section 324 P.P.C falls within the ambit of prohibitory clause of section 497 Cr.P.C.

8. From tentative assessment of material collected by the prosecution during investigation reveals that the petitioner/accused is prima facie connected with the alleged offences, as such he is not entitled for concession of bail at this stage.

9. For what has been discussed above, this post arrest bail petition being devoid of merits is hereby dismissed. File. JK/19/GB Petition dismissed.