SHC dismisses bail plea in murder case

The Sindh High Court has dismissed the bail application of a man who is standing trial for committing murder and injuring two others in a firing incident.

Applicant Sajjad Ahmed was booked by the Sukkhan police in a murder and attempt to murder case.

According to the prosecution, the applicant, along with his companions, fired on their rivals, resulting in one person Arif dying while Maula Bux and Jarr Khan suffering serious injuries on August 1, 2021.

The applicant’s counsel submitted that the statements of eyewitnesses could not be relied upon as they recorded their statements seven days after the incident. He said that the call data record reveals that the applicant was not even present at the scene at the time the incident was said to have occurred, and lastly that the empties recovered from the spot did not match the weapon ostensibl seized from y the applicant.

The complainant as well as the additional prosecutor general supported the bail denial order by the session court.

A single bench, headed by Justice Omar Sial, after hearing arguments of the counsel, observed that two eyewitnesses were themselves seriously injured in the shooting and there was no reason for them to specifically implicate the applicant in shooting and injuring them.

The court observed that there was a delay in the recording of the injured persons’ statements under Section 161 of the CrPC; however, at this preliminary stage the court was not inclined to show any leniency towards the applicant on this account.

It further observed that such evidence with regard to the delay in the recording of statements would have to be determined at trial after evidence was led as to whether the two injured witnesses were medically in a position to record statements in the interim period or not.

The court observed that offence with which the applicant is charged carries a potential capital punishment and this falls within the prohibitory clause of Section 497 of the CrPC.

It said the prosecution appears to be in possession of evidence which on a tentative assessment appears to establish a nexus between the applicant and the offence complained of.

The court observed that case of bail is not made out and dismissed the bail application.