IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Bail Application No. S- 607 of 2020

Applicant:                                 Noor Ahmed Samejo, Through Mr. Saeed Ahmed B. Bijarani,  Advocate,

State:                                       Through Mr. Muhammad Noonari, D.P.G.

Date of hearing:                        07-12-2020

Date of order:                           07-12-2020

O R D E R

Zulfiqar Ali Sangi, J.-   Through instant criminal bail application, applicant Noor Ahmed Samejo, seeks post arrest bail in Crime No.70/2020, registered at P.S. Tangwani, Larkana, for offence under sections 337-F(v), 147,148,149 PPC. Earlier his bail was rejected by Judicial Magistrate, Tangwani and learned Sessions Judge, Kashmore @ Kandhkot vide orders dated 29.10.2020 and 07.11.2020.

2.                Facts of the case are mentioned in the F.I.R and copy whereof has been attached with the memo of bail application, hence no need to be reproduced in bail order.

3.                 Learned counsel for the applicant submits that there is unexplained delay of 56 days in registration of FIR; that allegation against the present applicant is that he caused lathi blows to the complainant which hit him on the left arm and the same is declared as “Jurh Ghayr Jaifah Hashima”, punishable under section 337-F(v) PPC which is punishable up to 05 years and the offence does not fall within prohibitory clause of section 497 (2) Cr.PC. He lastly prayed for grant of bail.

 4.      Learned DPG while relying on the case of “Khalil Ahmed Soomro and others v. The State (PLD 2017 Supreme court 730)”, conceded the grant of bail.

5.       This incident took place on 18.8.2020 and the FIR was registered on 14.10.2020, for such long delay no explanation has been furnished by the complainant in the FIR which creates some reasonable doubt as to the allegation against present applicant.  The offence with which the present applicant is allegedly involved is punishable up-to 5 years and same does not fall within prohibitory clause of section 497 Cr.P.C. It is settled by now that accused involved in such offence punishable which does not fall within the prohibitory clause of section 497 Cr.PC, are entitled to be enlarged on bail not as matter of grace or concession but as a matter of right as has been held in the case of “Khalil Ahmed Soomro and others v. The State (PLD 2017 Supreme court 730)”.  Under these circumstances, the -applicant has made out a case for grant of post arrest bail and same is granted subject to his furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty thousand) and PR bond in the like amount to the satisfaction of learned trial court.

J U D G E

Syd Ashfaq/-