IN THE HIGH COURT OF SINDH, CIRCUIT COURT,LARKANA

Cr. Bail Appln. No.S-58of 2021

Applicants:                              Muhammad Shafiue @ Shafi

Through Mr. Sher Ali Chandio,Advocate.

Complainant:                           Bilawal Jatoi (called absent)

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

Date of hearing:             08-03-2021

Date of Decision:            08-03-2021

O R D E R

ZULFIQAR ALI SANGI, J.- Through the captioned bail application, applicant Muhammad Shafiue @ Shafi Muhammad, seekspre-arrest bail in case, emanating from F.I.R. No.05/2021, registered at Police Station Radhan, for offence under Sections 114,147,148,149,504,337-F(i), F(vi) P.P.C. Earlier his bail plea was rejected by the learned Additional Sessions Judge, Mehar, vide order dated 04.02.2021. Today the case is fixed for confirmation or otherwise.

2. Facts of the case are that the complainant Bilawal Jatoi lodged the F.I.R on 11.01.2021 at about 22-00 hours at P.S. Radhan stating that he is former and his dispute is continued with Mohammad Hashim Jatoi such case has been registered against the accused at P.S Radhan due to which accused Mohammad Hashim Jatoi and others were annoyed and used to say that they shall not spare them.On 10-01-2021 complainant along with his brother in law Meer Hazaar Khan Son of Mumtaz Ali and his maternal uncle Qadir Bux son of Badar U Din were coming towards Radhan City when at about 12:30 P.M at noon time reached near Simant Wah Bridge, meanwhile accused every one Mohammad Hashim Son of Ghulam Nabi with SBBL, Mohammad Shafiue S/o Mohammad Hashim with danda, Safeullah with danda, Aamir with repeater, both sons of Mohammad Qasim, allby caste Jatoi R/o Jalal Jatoi Taluka Mehar, Abdul Fatah son of Noor Ahmed by caste Abro R/o Village Mohammad Umer Abro Taluka Mehar District Dadu and one un-identified accused person who has been identified very well both armed with SBBL Guns were standing already. Out of them accused Mohammad Hashim abused the complainant and instigated the other accused not to spare the complainant,on the instigation of the accused Mohammad Hashim, accused Mohammad Shafiue caused the danda blow to complainant on the hand and left arm near elbow, on which complainant raised cry and other accused also caused him kicks and fist blows, thereafter the witnesses rescued the complainant from the hands of the accused while giving the names of the Allah almighty, after that complainant received the letter for medical treatment from P.S.Radhan, went towards the Radhan Hospital from where he was referred to Larkana and received the treatment and came at P.S and lodged the F.I.R, hence this bail application.

3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been involved in this case by the complainant with ulterior motives; that there is delay of one day in lodging of F.I.R; that bail of co-accused, namely, Amir @ Hizubullah andSaifullah was confirmed by the I-Additional Sessions Judge, Mehar, vide order dated 04.02.2021, however the bail of the applicant was not confirmed; that the civil litigation is already pending between the parties; that all the witnesses are interested and no any independent witness has been cited in this case; that there are general allegations against the applicant/accused and no any specific role has been assigned to the applicant/accused; that enmity is admitted in the F.I.R. Learned counsel, therefore, prayed for confirmation of interim pre-arrest bail already granted to him.

4. On the other hand, learned Deputy Prosecutor General hasopposed the grant of interim pre-arrest bail stating that name of applicant is mentioned in F.I.R; that he committed the offence along with co-accused and caused the danda blows to complainant on the hand and left arm near elbow. He has, therefore, prayed that bail application may be dismissed and interim pre-arrest bail already granted to him may be recalled.

5. I have considered the submissions of learned counsel for the parties and have gone through the material available on the record and the police file with the assistance of learned Deputy Prosecutor General.

6.  A perusal of FIR reveals that there is un-explained inordinate delay of one day in its lodgment; the enmity is admitted in the F.I.R and Moreover the bail of co-accused, namely, Amir @ Hizubullah andSaifullah was confirmed by the I-Additional Sessions Judge, Mehar, vide order dated 04.02.2021, however the bail of the applicant was not confirmed. It is also an admitted position that a civil litigation is already pending between the parties.

7. The injury as alleged against the applicant is on non-vital part of the body. The offence for which the applicant is charged, does not fall within the prohibitory clause of Section 497(2) Cr.P.C.The grant of bail in cases covered under the said provision is rule and refusal is an exception. Reliance is placed in cases of Tariq Bashir v. The State (PLD 1995 SC 34) and Muhammad Tanveer V. The State and another (PLD 2017 SC 733).

8. Deeper appreciation of evidence is not permissible at the stage of bail and the same is to be decided tentatively. From the tentative assessment of material available on record, it appears that the applicant has made out his case for grant of pre-arrest bail.

9. Accordingly, instant bail application is allowed and ad-interim pre-arrest bail earlier granted to the applicant vide order dated 08.02.2021 is hereby confirmed on the same terms and conditions.

10. The observations made hereinabove are tentative in nature only for the purpose of deciding the instant bail application, which shall not, in any manner, influence the learned Trial Court at the time of final decision of the subject case.

J U D G E

Abdul Salam/P.A