Cr.Bail 589/2022 (S.B.) Sindh High Court, Circuit at Larkana

Sindh High Court · 2022 · Before Zulfiqar Ali Sangi

Through listed criminal bail application(s), the above named applicants seek their admission to pre & post-arrest bail in Crime No.73/2022, registered with Police Station, Madeji, District Shikarpur, for offences punishable U/S.324, 109, 504, 34 PPC. Earlier, the pre-arrest bail application of applicant Tarique Hussain Jatoi was declined vide order dated 29.11.2022, passed by learned 1 st Additional Session Judge/MCTC, Shikarpur while bail plea of applicant Khalid Hussain Jatoi was turned down by learned 3 rd Additional Sessions Judge, Shikarpur, vide order dated 19.01.2023. 2. Succinctly, the allegations against applicants/accused as per FIR lodged on 16.11.2022, at about 1900 hours by complainant Din Muhammad Jatoi with P.S Madeji, District Shikarpur, are to the effect that on 13.11.2022, at about 05.00 P.M, on abetment of co-accused Sadaruddin, the present applicants/accused, duly armed with T.T pistols, in furtherance of their common intention fired at the complainant with intention to commit his murder which hit him on his left feet and right leg knee and then went away by insulting the complainant and his witnesses, for that the instant case was registered against them. 3. Learned counsel for the applicants/accused prayed for grant of bail to the applicants/accused by repeating the same grounds of bail application(s) adding that the present case is counter blast of FIR bearing Crime No.76/2022 of P.S Madeji, lodged by applicant Tarique Hussain Jatoi against the complainant and his sons and it is yet to be determined at the time of trial as to which party was aggressor or aggressed upon, therefore, the guilt of present applicants/accused is calling for further inquiry. In support of his contentions, learned counsel for applicant Tarique Hussain Jatoi relied upon an unreported order of this Court passed in Cr.Bail.Appln.No.S-588/2022. 4. Conversely, learned counsel for the complainant and learned D.P.G for the State opposed the bail application(s) by contending that the applicants/accused are nominated in FIR with specific role of causing injuries to the complainant and that there is no malafide on the part of complainant to implicate them in this case falsely, therefore, they do not deserve the concession of bail. 5. Heard learned counsel for the parties and perused the material made available on record with their able assistance. 6. The meticulous perusal of record reflects that the present applicants/accused are nominated in the FIR with active role of causing injuries to the complainant on his left feet and right leg knee, the same on medical examination were opined to be “Jurh Ghayr Jaifah Mutalahimah & Jurh Ghayr Jaifah Hashimah”, falling Under Section 337-F(iii) & 337-F(v) PPC, which are not bailable in its nature. However, Section 324 PPC provides punishment upto 10 years and the same is falling within prohibitory clause of Section 497 Cr.PC. The version of complainant is endorsed by the witnesses in their 161 Cr.PC statements. Furthermore, the ocular version is fully consistent with medical account.

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