Cr.Bail 2401/2021 (S.B.) Sindh High Court, Karachi

Sindh High Court · 2022 · Before Zafar Ahmed Rajput

Through instant criminal bail application, applicant/accused Muhammad Sharif S/o Soomar seeks post-arrest bail in Crime No.352/2021, registered at P.S. Mouchko, Karachi under sections 337-G, 337-A (i), 334, P.P.C. His earlier application for the grant of same relief bearing No.6517/2021 was heard and dismissed by the learned Additional Sessions Judge-I, West-Karachi, vide order dated 17.12.2021.

2. Briefly stated, the facts of the prosecution case are that, on 27.08.2021, complainant Ayesha Naz, a police constable, lodged aforesaid F.I.R., alleging therein that, on 01.06.2020, she was going on her duty to Women Police Station with her cousin Ali Hassan on his motorcycle. At about 1330 hrs., they reached Mauripur Scheme No.42, near Muslim Kanta, Mochko, Karachi, where a Water Tanker bearing registration No.TUC-478, being driven by an unknown driver rashly and negligently, hit their motorcycle from front side causing them injuries. During treatment, both legs of the complainant were amputated. Initially, the F.I.R. was lodged under sections 337-G, 427, P.P.C., subsequently, after investigation prosecution added sections 337-A (i) and 334, P.P.C. in Charge Sheet.

3. Learned counsel for the applicant has contended that the applicant is innocent and he has falsely been implicated in this case with mala fide intention 2 and ulterior motive; that the offences under Section 337-G and 337-A(i), P.P.C. are bailable, while Section 334, P.P.C. has been misapplied by the police in the case; that there is an unexplained delay of 14 months in lodging of F.I.R.; that the F.I.R has been lodged against the unknown truck driver; that the driver of the truck, namely, Allah Bakhsh s/o Ali Muhammad has already expired and buried in Karachi on 17.01.2021, while the present applicant was conductor and cleaner of the truck; hence, the applicant is entitled to bail.

4. Learned Addl. P. G. has opposed grant of bail to applicant, inter alia, on the ground that sufficient material is available to connect the applicant with the commission of alleged offence.

5. Heard the learned counsel for the parties and perused the material available on record.

6. In order to appreciate the contentions of learned counsel for the applicant and Addl. P.G. Sindh, I deem it appropriate to reproduce sections 332, 333, 334 & 337-G, P.P.C., as under: 332. Hurt: (1) Whoever causes pain, harm, disease, infirmity or injury to any person or impairs, disables or dismembers any organ of the body or part thereof of any person without causing his death, is said to cause hurt. (2) The following are the kinds of hurt: (a) Itlaf-i-udw (b) Itlaf-i-salahiyyat-i-udw (c) shajjah (d) jurh and (e) all kinds of other hurts. 333. Itlaf-i-udw: Whoever dismembers, amputates, severs any limb or organ of the body of another person is said to cause Itlaf-i-udw. 334.

Opening of the judgment. Loading the full judgment on LexPK…