IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Bail Application No. S-624 of 2018.
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Date |
Order with signature of Judge |
Applicants: 1. Ibrahim @ Dado son of Wali Muhammad.
2. Hamz Ali son of Jaffar.
3. Gul Hassan son of Saifal.
4. Jam son of Gul Hassan.
5. Imran Ali son of Ibrahim.
All Resident of village near Lal Dino Channa, Taluka Sobhodero, District Khairpur Khairpur.
Through Pervaiz Ali Siyal advocate.
The State: Through Mr. Shafi Muhammad Mahar, Deputy Prosecutor General.
Cr. Bail Application No.S-625 of 2018.
Applicants: 1. Liaquat Ali son of Ibrahim.
2. Asghar son of Hamza
(Now confined at Judicial Lockup Gambat)
Through Pervaiz Ali Siyal advocate.
The State: Through Mr. Shafi Muhammad Mahar, Deputy Prosecutor General.
Date of hearing. 10-12-2018.
Date of decision. 10-12-2018.
O R D E R.
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AMJAD ALI SAHITO, J.- By this single Order, I intend to dispose of Cr. Pre-Arrest Bail Application No.S-624/2018 filed on behalf of applicants/accused Ibrahim @ Dado, Hamz Ali, Gul Hassan, Jam and Imran Ali and Cr. Post Arrest Bail Application filed on behalf of applicants/accused Liaquat and Asghar arising out of one and same Crime bearing No. 04/2018, offence u/s 364, 395, 337H(2), 337F(i), 337H(ii) P.P.C of PS Mehmood Channa. These Bail Applications are directed against the order dated 16-10-2018 and passed by learned II-Additional Sessions Judge Khairpur, whereby the Pre-Arrest Bail Application as well as Post-Arrest Bail Application of the above named applicants/accused were dismissed.
2. Succinctly, the prosecution case is that complainant Ghulam Abbas Kalhoro lodged the F.I.R. On 15-09-2018 alleging therein that on 03-09-2018 he along with PW Munwar Ali Kalhoro were returning from his land on motorcycle, when they saw and identified accused Ibrahim alias Dado, Hamza with Kalashnikovs, Liaquat, Asghar and Imran Ali with reapers, Gul Hassan and Hamid with SBBL guns intercepted the complainant party on the road. The accused persons caused butt blows of Kalashnikovs and repeaters to complainant and PW Munwar Ali and robbed Rs. 5000/- from them. Then accused persons kidnapped the complainant hidden him in agricultural land by tying his hands and legs and planned to commit his murder, but on arrival of neighbors, the accused persons left him. Ultimately complainant lodged the above said F.I.R.
3. It is, inter-alia, contended by the learned counsel for the applicants/accused that applicants/accused are innocent and have falsely been implicated in this case due to enmity between the parties which is admitted in the F.I.R; that there is inordinate delay of about 12 days in lodgment of the F.I.R. and such delay has not been explained by the complainant; that there are general allegations against all the accused persons and no specific role has been attributed by the complainant against any of the accused. He lastly prayed for confirmation of interim pre arrest bail as well as grant of post arrest bail of above named applicants/accused. He placed his reliance on case of NAZEER and 4 others Versus THE STATE reported in 2012 YLR 1302 Sindh and case of SHEHZORE and another Versus THE STATE reported in 206 YLR 3167.
4. Learned DPG opposed for the confirmation of interim pre arrest bail and grant of bail to the applicants/accused on the ground that applicants/accused are nominated in the F.I.R. with specific role.
5. I have considered the submissions of the learned counsel for the applicants/accused, learned DPG for the State and have gone through the material available on the record with their assistance.
6. From the perusal of F.I.R, it appears that there is inordinate delay of about 12 days in lodgment of the F.I.R., although the police station was situated at the distance of about 5/6 away from the place of incident, inspite of that complainant has not lodged the F.I.R. promptly, which shows that he has lodged the with malafide intention, ulterior motive and with consultation. The allegations against all the accused persons are general in nature and no specific role has been attributed by the complainant against any of the accused and the injuries with which the applicants/accused are charged does not fall within the prohibitory clause of section 497 CrPC. The investigation officer has failed to recover the rope with which the hands and legs of the complainant were allegedly tied. Moreover, the enmity is admitted by the complainant in the F.I.R., therefore, false implication of the applicants/accused cannot be ruled out. At bail stage, only tentative assessment is to be considered. In these circumstances the case against applicants/accused calls for further enquiry in terms of sub-section (2) of Section 497 (2) CrPC.
7. In view of the above, the learned counsel for the applicants/accused has made out the case for grant of bail, therefore, interim pre arrest bail already granted to the applicants/accused Ibrahim @ Dado, Hamz Ali, Gul Hassan, Jam and Imran Ali is confirmed on same terms and condition and applicants/accused Liaquat and Asghar are admitted to bail subject to their furnishing solvent surety in the sum of Rs. 100,000/-each and P.R bond in the like amount to the entire satisfaction of learned trial Court.
8. Needless, to mention that the observations made herein above are tentative in nature and would not prejudice the case of either party at trial.
Judge
Nasim/P.A