ASAD HUSSAIN Versus State
ORDER
FAHIM AHMED SIDDIQUI, J.--- The applicant Asad Hussain alias Asadullah son f Khadim Hussain bycaste Siyal has prayed for his release on bail during pendency of trial in a criminal case initiated against him by lodging FIR No. 55/2020 under sections 302, 324, 337-H(2), 147, 148, 149, P.P.C. registered at Police Station Kumb.
2. After filing the instant bail application, the notices were issued to Additional P.G as well as complainant of aforementioned crime number who is also represented by a Member of Bar Council.
3. I have heard the valued submissions of the learned advocate for applicant/accused, learned counsel for complainant and Assistant Prosecutor General. I have also scanned the available record with their able assistance provided during the course of arguments. From whatever articulated or placed before me, I have observed as under: a) The incident was allegedly taken place on 09.05.20210 at 1700 hours while FIR was lodged on the same day at 2200 hours by complainant Muhammad Moosa. b) The distance between place of incident and Police station is mentioned as 14/15 kilometers, as such there is no delay in lodgment of FIR. c) As per allegations in the FIR, complainant along with his brother Muhammad Yousif were going to see their sister Mst. Zahida, when they reached the village of their sister, six persons including the applicant emerged out of village who all were armed with lethal weapons, one of the accused namely Lutif Ali challenged the complainant and accused Lutif Ali made direct fire upon complainant's brother Muhammad Yousif while present applicant made direct fire of Kalashnikov upon Niaz Hussain cousin of complainant who was standing with brother of complainant Zamir Hussain nearby the house of complainant party. d) After the incident accused persons run away and the complainant saw that his brother Yousif received through and through injuries on face and expired on the spot while injured Niaz Hussain was shifted to hospital and complainant approached Police Station to report the incident. e) Allegedly, the applicant who was available at the scene of offence with deadly weapons and he has not only provided full assistance to main accused Lutif Ali but he made straight fire upon cousin of complainant namely Niaz Hussain. f) As per allegation in the FIR, injured Niaz Hussain received injury on hi right wrist, regarding which it was argued that the same is non vital part. Nevertheless, in my opinion the entire body is vital part for fire arm injury specially when a fire is made from automatic weapon, as such weapons are designed to discharge continuous bullets and only of the same might pierce any vital organ of the injured. g) It has been uttered by counsel for the complainant during course ofarguments that co-accused Lutif Ali has sought pre-arrest bail but subsequently he absconded away and he is still absconder, as such there is likelihood that the applicant may follow the foot prints of Lutif Ali if he is released on bail. h) That the applicant/accused has been booked in a case which entails capital punishment and comes under prohibitory clause and no good ground for grant of( bail has been agitated on behalf of applicant/accused as such he is not entitled for grant of bail.
4. In view of the above observation, I am confident that atleast at this stage, the applicant/accused Asad Hussain alias Asadullah son of Khadim Hussain bycaste Siyal is not entitled for any concession hence through short order dated 22.03.2021 the bail plea of applicant/accused was declined and these are reasons for the same.
SA/A-15/Sindh Bail declined.