IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No.S-685 of 2019.

Crl. Bail Application No.S-674 of 2019.

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

For the hearing of bail application.

Date of hearing 31.01.2020.

Mr. Gul Feroze Kalwar Advocate for applicants.

Mr. Abdul Rehman Kolachi DPG for State.

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O R D E R

ZULFIQAR ALI SANGI, J; Through aforesaid bail applications, applicants Ajeeb Ali Lakho and Mumtaz alias Sahil Jogi seek Pre-arrest bail in Crime No.151/2019 registered at Police Station, Pano Akil District Sukkur for offence punishable under Sections 324, 395, 337F (v), 337 L(ii) 504, 147, 148, 149,114 PPC. Earlier their bail applications were declined by learned Additional Sessions Judge, Pano Akil vides order dated 21.11.2019.

2. The brief facts of the prosecution case are that on 14.11.2019 at 1900 hours the complainant Hafeezullah lodged FIR at Police Station, Pano Akil stating therein that he is Clerk in Ushr Zakat Department and on 13.09.2019 when he was available in his office where accused Ajeeb Lakho, Hussain Bux alias Ashique Jatoi, Hazrat Gul, Roz Gul Pathan, Mumtaz alias Sahil Jogi came in his office and pressurized and blackmailing him to give Bhatta/extortion which he received then they went away. On 15-09-2019 he came on motorcycle along with his son Saleemuddin in Pano Akil town and after completing work returned to him when he reached near NADRA house he saw and identified on Solar light accused Ajeeb Ali Lakho, Mumtaz alias Sahil Jogi, Roz Gul, Hussain Bux @ Ashique, Hazrat Gul Pathan armed with Pistol and one unidentified person with lathi whose face was opened and would be identified if seen again stood at road with black colour Xli Car. It is alleged that on they on seeing complainant coming in front and alighted him from the motorcycle, accused Hussain Bux alias Ahique Jatoi and Hazrat Gul Pathan aimed Pistol upon him and asked to remain calm. Due to fear of weapons, he remained silent; in the meantime accused Ajeeb Lakho abused and asked him that why Bhatta has not paid by him to them to which he asked them to be a gentleman. The accused Mumtaz alias Sahil Jogi instigated others not to spare him and caused lathi blow to him which hit at his back while accused Ajeeb Lakho caused lathi blow to his son Saleemullah which hit him at his left arm intending to commit murder. They raised cries which attracted Gul Bahar and Irfan who rescued them but accused aimed Pistol upon them and they remain silent due to fear of weapons. Accused Hazrat Gul robbed thirty thousand from his front pocket of shit while accused Ajeeb robbed Rado watch from his arm whereas accused Roz Gul Pathan robbed twenty-five hundred from his side pocket and accused also threatened. Then the accused went away. He saw that he had one blow and there was swelling and his son had also received an injury at his left arm and was swollen. He then appeared at Police Station and lodged FIR.

3. Learned Counsel for applicants contends that the applicants have falsely been involved in this case by the complainant with ulterior motives. There is an unexplained delay of about two months in the registration of FIR for which no plausible explanation has been furnished by the complainant; that there is a dispute between the applicants and brother of the complainant who is also a news reporter. He further submits that the offence for which applicants are charged not fall within the prohibitory clause of section 497 Cr.P.C. lastly he prayed for confirmation of bail.

4. Conversely, learned Deputy Prosecutor General appearing for the State has conceded for grant of bail to the applicants/accused on the ground that delay of two months has not been explained by the complainant and the offence for which applicants were charged does not fall within the prohibitory clause of section 497 Cr.P.C.

5. Heard arguments of learned Counsel for the parties and perused the record with their able assistance.

6. The record reflects that initially complainant filed application under section 22-A, B Cr.P.C bearing Cr.Misc: Application No: 2288 of 2019 for registration of FIR against the applicants which was dismissed by the learned Justice of Peace vide order date:28-10-2019, record further showed that complainant also filed another application under section 22-A, B Cr.P.C bearing Cr. Misc: Application No: 2428 of 2019 for registration of FIR which was also dismissed by the same justice of Peace vide order dated: 07-11-2019 and after said orders present FIR was registered by the police for the same offence. Order dated: 07-11-2019 passed by the Justice of Peace is reproduced as under:-

“Heard parties counsel, record perused. On perusal of memo of application, the applicant showed the incident which has already been introduced in the earlier application filed by the present applicant against the same proposed accused persons, after hearing of the both parties the same was dismissed vide order dated: 28-10-2019 and in the said order, it was observed that the applicant has not produced the MLCs before the concerned SHO who was waiting for him as per report submitted by the SHO of P.S concerned. Surprisingly, though the earlier application was dismissed, the applicant filed another application with the same grounds. However, the justice of peace having duty to consider the contents of application filed under section 22-a Cr.PC to examined the material available on record for determining if any cognizable offence is made out therefrom or not, but herein the same facts have been produced in the memo of application for which the observation has already been made by this court, so far the arguments made by the both parties pro and contra with regard to the medical certificate submitted by the proposed accused and CDR report, is concerned. In this regard, this court having no authority to go in depth in enquiry allegedly arising between the parties. However, the application in hand does not show any merits for issuance of directions to the SHO of concerned P.S with regard to the incident, as already been discussed in earlier application, therefore the application in hand stands dismissed being meritless.”

7. Learned counsel for the applicants place on record the copy of order dated: 04-07-2019 in C.P No: D- 891 of 2019 filed by the applicant Ajeeb Ali Lakho wherein this court restrain the police officials from registration of further FIR’s against the applicant without prior permission of this court and also directed the AAG to call Deputy Inspector general of police, Sukkur to appear in person along with comprehensive report concerning allegations against the applicant/petitioner, learned counsel also placed on record copy of certain orders of this court wherein the said order was continued up to 03-10-2019, police registered the present FIR without seeking permission from this court, even the malafides of complainant and police are visible from the fact that two applications for registration of FIR for the same offence was dismissed by the competent court but inspite of that the FIR was registered.

8. learned counsel also placed on record the memos of both the applications which were dismissed by the Justice of Peace so also the copy of application submitted by the complainant to the SSP Sukkur on 17-10-2019 which was forwarded to Incharge Complaint, all these applications are contradictory with each other which suggest that complainant with malafide intentions registered the present FIR.

9. It is a well-settled principle of law that deeper appreciation of evidence is not permissible at the stage of bail and the material is to be assessed tentatively, the material includes FIR, statements under section 161 Cr.P.C and medical evidence so also defense plea if found strong. The bail cannot be withheld only on the ground of punishment and seriousness of the allegations but entire material available on record is to be considered.

10. From the tentative assessment of material available on the record and no objection extended by the learned DPG, the applicants have made out a case for grant of bail therefore, bail applications are allowed, interim pre-arrest bail already granted to the applicants named above vide orders dated 29.11.2019 and 02.12.2019 are confirmed on same terms and conditions.

11. Observations made hereinabove are tentative and will not cause any prejudice to either party at the trial.

Bail applications stand disposed of.

J U D G E