ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr.B.A.No.S-   651    of   2013

DATE        ORDER WITH SIGNATURE OF JUDGE

07.08.2013.

Mr. Mumtaz Alam Leghari, Advocate for applicants.

Syed Meeral Shah, D.P.G. for the State.

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            By this order, I intend to dispose of post arrest bail application moved on behalf of the applicants in Crime No.43/2013 u/s 324, 337-H(ii), 506(2), 147, 148, 149, 504 PPC registered at Police Station Shahpur Chakar.

            It is contended by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case; that sudden fight taken place between the complainant and applicants wherein each party has alleged aggression against each other; that police malafidely did not register the case of present applicants therefore, by getting the order from the Court of Sessions u/s 22-A and B Cr.P.C., FIR bearing Crime No.46/2013 at Police Station Shahpur Chakar has been registered against the complainant party alleging aggression against them; that who is aggressor and who has been aggressed is to be determined at trial; there are general allegations against the present applicants and no specific injury has been attributed to any of them; the injuries sustained by PWs Imdad, Sajjad and Abdul Sami all are bailable except one injury sustained by Imdad u/s 337-A(ii) PPC which is only punishable for five years and other injury sustained by Sajjad u/s 337-F(ii) which is punishable for three years; that all the injuries sustained by injured does not come within the ambit of prohibitory clause of Section 497 Cr.P.C; moreover in counter case accused Hussain Bux and Muhammad Hanif have also sustained injuries and their medical certificates are also produced.

            The learned D.P.G. on behalf of the State has contended that names of the present applicants appear in the FIR and they have been attributed role in the commission of alleged offence. However, he concedes that the offence alleged does not fall within the ambit of prohibitory clause of Section 497 Cr.P.C.

            In view of the submissions made by learned counsel for the applicants that there are counter allegations between the complainant and accused party against each other and are claiming aggression against each other. Who is aggressor and who has been aggressed could be determined at trial. Moreover, the injuries sustained by PWs Imdad, Sajjad and Abdul Sami does not come within the ambit of prohibitory clause of Section 497 Cr.P.C. Moreover, no specific injury has been attributed to any of the accused and there are general allegations, therefore, I am of the opinion that the applicants are able to make out a case for grant of bail. Accordingly, they are admitted to bail subject to furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand) each and P.R. Bond in the like amount to the satisfaction of the Additional Registrar of this Court.

                                                                                                            JUDGE                                                          

Tufail