KHADIM HUSSAIN alias KHADIM Versus State
ORDER
KHADIM HUSSAIN M. SHAIKH, J .---By means of this bail application, applicants Khadim Hussain alias Khadim and Hussain Bux, both sons of Radho Khan Chandio, have sought pre-arrest bail in case, emanating from FIR No.70 of 2019, registered at Police Station Rehmatpur, Larkana, for offences under sections 324, 337-H(2), 114, 148, 149, P.P.C. after their plea for pre-arrest bail has been declined by the learned IV-Additional Sessions Judge, Larkana by dismissing their bail applications by common Order dated 17.09.2019.
2. The learned advocate for the applicants has mainly contended that applicant Khadim Hussain alias Khadim is an elderly man aged of about 85 years and is only assigned the role of instigation and whereas applicant Hussain Bux is aged 61 years and he is alleged to have made a fire from his pistol hitting Shoukat Ali on thigh of his left leg, and that during the investigation both the applicants were found innocent, therefore, their names were placed in column No.2 of the challan, but the learned Judicial Magistrate taking cognizance issued NBWs against the applicants, who apprehending their arrest with ulterior motives at the hands of police, have sought for pre-arrest bail. The learned Counsel prays that interim pre-arrest bail earlier granted to the applicants may be confirmed.
3. The learned Additional P.G. has opposed the grant of bail to the applicants, stating that they are named in the FIR and in the statements under section 161, Cr.P.C. of the P.Ws, but he has not been able to controvert any of the contentions of learned counsel for the applicants. On a query, the learned Addl. P.G., after going through the police file, has stated that the incident is shown to have taken place on 27.07.2019 and during the investigation the applicants were found innocent; and, that the provisional Medicolegal Certificate, issued by MLO on 05.11.2019 reveals that injured Shoukat Ali had appeared before the MLO on 05.11.2019 at 6.00 p.m. i.e. after 03 months and 07 days with the police letter dated 05.11.2019, when he was examined by the MLO. Under these circumstances, I am of the considered view that possibility of the applicants' false implication in this case cannot be ruled out and the applicants, who have since joined the trial and are not alleged to have misused the concession of ad-interim pre-arrest bail earlier granted to them, have made out their case for grant of anticipatory bail. Accordingly, this application is allowed and ad-interim pre-arrest bail earlier granted to the applicants vide order, dated 24.03.2020 is hereby confirmed on the same terms and conditions.
SA/K-28/Sindh Bail granted.