2020 PLP 786 (MLD)

KHADIM HUSSAIN M. SHAIKH, J.

By means of this bail application, applicant Anwar alias Saeed Khan Bugti son of Ghulam Muhammad seeks his release on post arrest bail in Sessions Case No.408 of 2018 re-Anwar alias Saeed Khan v. The State, emanating from Crime No.35 of 2018, registered at Police Station Taluka, for offence under sections 302, 324, 148, 149, 337H(2), P.P.C. after his bail plea has been declined by the learned IInd Additional Sessions Judge, Larkana by dismissing his bail application vide order dated 04.02.2019.

2. Learned advocate for the applicant has mainly contended that the applicant has been falsely implicated in the subject FIR by the complainant due to their enmity over the landed property; that the specific role of causing injuries to deceased Javed Ali by use of pistol is attributed to co-accused Walidad, Lal Bux and Qalandar Bux; and, that no specific role is assigned to the applicant Anwar alias Saeed Khan, who along with one unidentified accused while leaving the scene of wardat had allegedly made aerial firing; and, that the applicant has remained in custody for more than sixteen months. The learned counsel prays that the applicant may be released on bail.

3. Learned advocate for the complainant has opposed the grant of bail to the applicant, contending that the applicant is nominated in the FIR and his presence was shown at the time of incident. Learned Deputy Prosecutor General adopting the arguments of learned advocate for the complainant, prays for dismissal of the instant bail application.

4. I have considered the submissions of learned counsel for the parties and have gone through the material brought on record and the police file with the assistance of learned D.P.G.

5. From a perusal of record it could be seen that although the applicant was allegedly armed with pistol, yet he is not alleged to have even attempted to cause any injury either to deceased Javed Ali or to any of the P.Ws. and in the fag end of the FIR it is alleged that present applicant Anwar alias Saeed Khan along with an unknown accused while leaving the scene of incident had made aerial firing and active role of causing injuries to Javed Ali resulting into his death is attributed to co-accused namely Walidad, Lal Bux and Qalandar Bux. In such view of the matter, I am of the considered opinion that the case of applicant Anwar alias Saeed Khan falls well within the ambit of sub-section (2) of section 497, Cr.P.C., which entitles him to the grant of concession of bail; and, thus, applicant Anwar alias Saeed Khan, who was arrested on 11.04.2018 and has remained in custody for more than sixteen months, has made out his case for grant of bail. These are the reasons of short order announced by me on 19.08.2019, whereby the bail application was allowed and the applicant was directed to be released on bail subject to his furnishing a solvent surety in the sum of Rs.200,000/- (Rupees Two Hundred Thousand only) and P.R. Bond in the like amount to the satisfaction of the learned Trial Court.

6. The observations hereinabove made 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 Sessions case. ADN/A-5/Sindh Bail granted.