IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-488 of 2018

Applicant               :                Imdad son of Wali Muhammad Mazari

Through Mr.Asif Hussain Chandio, Advocate

Complainant                          Meer Afzal Mazari through

Mr.Abdul Rehman Bhutto, Advocate 

State                    :                  Through Mr.Raja Imtiaz Ali Solangi, A.P.G.

Date of hearing   :                  22.10.2018

Date of order      :                   22.10.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, after keeping complainant Meer Afzal and PWs Ali Murad and Nisar Ahmed under fear of death, caused them dagger and lathi blows only to usurp/misappropriate their money, for that the present case was registered against them.

2.                On arrest, the applicant sought for his release on bail by filing an application u/s.497 Cr.PC before learned 2^nd Civil Judge & Judicial Magistrate, Kashmore, and learned Sessions Judge, Kashmore @ Kandhkot, those were dismissed and now the applicant by way of instant application u/s.497 Cr.PC has sought for the same from this Court.

3.                It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant party only to satisfy their grudge with him over settlement of account, there is delay of about three hours in lodgment of the FIR, the offence is not falling within the prohibitory clause of section 497(2)  Cr.PC, co-accused Maqsood, Wali Muhammad, Aijaz and Farooq alias Khuda Bux have already been admitted to bail, the medical certificate which is issued in respect of applicant has been kept in abeyance by the medical board. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.                Learned A.P.G for the State and learned counsel for the complainant have opposed to grant of bail to the applicant by contending that he has caused lathi blow to complainant on his nose.

5.                 I have considered the above arguments and perused the record.

6.                There is three hours delay in lodgment of the FIR, the same could not be lost sight of. The offence is not falling within prohibitory clause. Co-accused Maqsood, Wali Muhammad, Aijaz and Farooq alias Khuda Bux have already been admitted to bail by learned Sessions Judge Kashmore @ Kandhkot by making an observation that “the element of wider net or element of malice and ulterior motives on the part of complainant cannot be ruled out”. The medical certificate in respect of injuries sustained by the complainant has been kept in abeyance by medical board on account of non appearance of the complainant. Co-accused Sajjad has already been let off by the police finding him to be innocent. The parties are already disputed over settlement of account. In that situation, it is rightly being contended by learned counsel for the applicant that the case of the applicant is calling for further enquiry.

7.                In view of above, the applicant is admitted to bail subject to furnishing surety in the sum of Rs.30,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

8.                The instant application is disposed of accordingly.

                                                                            J U D G E