ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Appl No.S-407/2018

Date	Order with signature of Judge

Present.

Mr. Justice Amjad Ali Sahito

Applicant: Rasheed Ahmed son of Deen Muhammad

By Caste Jalbani, Muslim, Adult, by caste Jalbani

Resident of Village Pipri Taluka Mirpur Mathelo, District Ghotki

Through Mr. Ubedullah Ghoto, Advocate for applicant.

Respondent: The State through Mr. Sardar Ali Shah, DPG.

Date of hearing: 10.09.2018

Date of order: 10.09.2018

O R D E R

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AMJAD ALI SAHITO, J. Through instant bail application, applicant Rasheed Ahmed Jalbani seeks pre-arrest bail in crime No. 100/2018, offence punishable u/s: 337-A(ii), 114, 337-F(i), 337-L(ii), 504, 147 PPC, registered at Police station Daharki. Earlier, their bail application was declined by learned Additional Sessions Judge Ubauro vide order dated: 04.07.2018.

2. Precisely, prosecution case is that on 24,06.2018, complainant, his brother Shahzado and Ashif were going to their house on motorcycle. It was about 1200 hours, applicant/accused Rasheed Ahmed along with his companions intercepted them, and stopped their motorcycle. On coming, accused persons abused the complainant and PWs. On instigation of co-accused Roshan, applicant/accused Rasheed caused back side of hatchet injury on head of PW Shahzado, accused Roshan, Yaseen and Aijaz also caused lathi injuries to PW Shahzado on different parts of body. Thereafter complainant after obtaining medico-legal-certificate lodged instant FIR against the above named accused persons on 27.06.2018 at 1400 hours.

3. Learned counsel for the applicants contends that case is false and applicants have been implicated in this case due to enmity over the matrimonial affairs; that there is unexplained delay of about three days in lodgment of the FIR; that all the Pw’s are related to the complainant and no any independent person has been cited as witness of the alleged occurrence; that all the sections are bailable in nature except section 337-A(ii) PPC whci caries punishment upto five years hence same is not fallen within the prohibitory clause of section 497 Cr.PC. that co-accused persons Roshan, Ghulam Yaseen @ Yaseen, Shahid Hussain and Aijaz Ali have been granted pre arrest bail. Lastly he prayed for confirmation of interim pre-arrest bail to the applicants. In support of his contentions, he has placed reliance on the case laws reported in 2017 YLR 991, 2003 SCMR 919 &2007 YLR 3145.

4. On the other hand, learned DPG appearing for the State has conceded to the arguments of the learned counsel for the applicant and raised no objection for confirmation of interim pre arrest bail already granted to the applicant.

5. Heard the arguments and perused the record. Admittedly, FIR is delayed for about three days, for which, no plausible explanation has been furnished by the complainant in the FIR. All the PWs are related to the complainant and no any independent person has been cited as witness of the alleged incident, though alleged incident is said to have taken place at busy place in a board day light. All the sections are bailable in nature except section 337-A(ii) PPC which does not fall within the prohibitory clause of section 497 Cr.PC and in such like case, grant of bail is a rule and refusal is an exception.

6. Considering the above facts and circumstances, applicant/accused has make out his case for grant of bail, therefore, the pre-arrest bail application No. 407/2018 is allowed and resultantly, interim pre arrest bail earlier granted to the applicant vide order dated: 12.07.2018 is hereby confirmed on same terms and conditions.

JUDGE

Sajjad