Cr.Bail 626/2025 (S.B.) Sindh High Court, Bench at Sukkur
Sindh High Court · 2025 · Before Khalid Hussain Shahani
post arrest bail in a case bearing crime No.40/2024, for offences under Sections 302, 504, 114, 337-H(ii), and 34 PPC, registered at Police Station Bhiria Road, District Naushahro Feroze.
2. As per the FIR lodged on 25.05.2024 at Police Station Bhiria Road by the complainant Khalid Hussain Brohi, the prosecuting case is that the complainant's family and the applicant's family have been engaged in a prolonged dispute over agricultural land situated near Village Muhammad Ismail Brohi, Deh Chanhi Manomal, Taluka Bhiria. The complainant's father, Haji Juma Brohi, was the registered owner of the disputed agricultural land. The applicant's family allegedly raised repeated objections contending that a portion of their land had been illegally occupied by the complainant's party. Despite government measurements confirming that no such encroachment had occurred, the dispute continued to simmer between the parties, giving rise to considerable animosity. On 23.05.2024, at about 11:00 am, the complainant party, including Khalid Hussain (the complainant), his father Haji Juma Brohi (deceased), his cousin Sajan, and his uncle Noor Bux, were present in their agricultural fields to cultivate crops. The deceased was standing at some distance from the others near a water pump under the shade of a tree. According to the prosecution version, the applicant Mohammad Ismail, along with three Page 1 of 10 Cr. Bail Appln. No. S-626 of 2025 other co-accused namely Siddique (armed with a pistol), Akbar (unarmed) and Aijaz (unarmed), all residents of Village Muhammad Ismail Brohi, ran towards the complainant party, using abusive language. Upon reaching the spot, the applicant allegedly raised lalkara (criminal intimidation) against the deceased, stating in his native language that "you have occupied our land and today we will not spare you and will kill you." The applicant allegedly then instigated his co-accused not to spare the deceased and to kill him. Following this Lalkara, co-accused Akbar and Aijaz are alleged to have caught hold of the deceased from his arms, while co-accused Siddique (armed with a pistol) made a straight fire shot at the deceased. The firearms injuries were sustained on the left side of the face, with the bullet passing through and causing fatal injuries. Thereafter, the accused made aerial firing to create harassment and fled the scene. The deceased was rushed to Government Hospital Bhiria but expired before arrival. The postmortem examination confirmed the fatal nature of the gunshot injuries.
3. Mr. Faiz Muhammad Brohi, the learned counsel for the applicant, submitted the grounds in support of the bail application that applicant is innocent and has been falsely implicated in the case due to the pre-existing land dispute between the two families, which is itself an admission in the FIR; there is an unexplained delay of two days in lodging the FIR. The FIR was lodged on 25.05.2024 at 21:00 hours, while the incident occurred on 23.05.2024 at about 11:00 am.
Opening of the judgment. Loading the full judgment on LexPK…