ABDUL RAZZAK BROHI Versus State
ORDER
KHADIM HUSSAIN M. SHAIKH, J.--- By means of this bail application, applicant Abdul Razzaq son of Rahim Bux Brohi has sought his release on post arrest bail in case, emanating from FIR No.35 of 2017, registered at Police Station New Foujdari, Shikarpur, for offences under sections 302, 120-B, 337-H(2), 148, 149, P.P.C. after his plea for post arrest bail has been declined by the learned 1st Additional Sessions Judge/Model Criminal Trial Court, Shikarpur by dismissing his bail application vide Order dated 21.02.2020.
2. The learned advocate for the applicant has mainly contended that the applicant is innocent and he has been falsely implicated in the subject FIR by the complainant due to their previous murderous enmity; that no overt act is attributed to the applicant in the FIR; that co-accused Abdul Qadir, Mst. Mariyam and Lakhmir after full-dressed trial have been acquitted vide judgment dated 12.11.2019; that the applicant had voluntarily surrendered himself before the learned trial Court by moving application for anticipatory bail, but the same was declined and he was taken into custody. Learned Counsel prays that the applicant may be enlarged on bail.
3. Learned DPG has contended that the main role of causing firearm injuries to deceased Allah Bux is attributed to co-accused Shahid and Sikandar and no doubt the applicant is not attributed any overt act in the commission of the offence; and, that co-accused Abdul Qadir, Mst.Maryam and Lakhmir, who were also not assigned any injury to deceased Allah Bux, have been acquitted of the charge vide judgment dated 12.11.2019, passed by the learned trial Court, but the applicant remained absconder, therefore, he is not entitled to grant of bail.
4. I have considered the submissions of learned Counsel for the parties and have gone through the material placed on record with the assistance of learned DPG.
5. From a perusal of the record, it would be seen that the main role of causing firearm injuries to deceased Allah Bux son of Zareef Khan Brohi is attributed to co-accused Shahid and Sikandar resulting into his death and whereas the applicant, who was allegedly armed with T.T. Pistol along with other co-accused, allegedly made aerial firing; co-accused Abdul Qadir, Mst. Mariyam and Lakhmir have been acquitted of the charge in the subject Sessions Case after full-dressed trial; the incident was shown to have taken place on 15.05.2017, at 12.15 p.m. and whereas the FIR was lodged on 16.05.2017, at 1.00 a.m. (night) without proper explanation thereof. Under the peculiar circumstances of this case and considering the aforementioned facts in the backdrop of no injury to deceased Allah Bux is attributed to the applicant, I am of the view that the case requires further enquiry into the guilt of the applicant and his case is covered by subsection (2) of section 497, Cr.P.C, which entitles him to the grant of concession of the bail. So far the question of abscondence of the applicant is concerned, it is well-settled principle of law that mere abscondence of an accused would not come in is way if otherwise on merits he is entitled to grant of bail. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a solvent surety in the sum of Rs.200,000/- (Rupees Two Hundred Thousand) and P.R. bond in the like amount to the satisfaction of learned trial Court.
6. The observations made hereinabove are tentative in nature only for the purpose of deciding this bail application, which shall not, in any manner, influence the learned trial Court at the time of final decision of the case.
SA/A-92/Sindh Bail granted.