ORDER
SHEET
IN THE HIGH COURT OF SINDH BENCH
AT SUKKUR
Cr. Bail App. No. S – 383 of 2019
Date
of hearing |
Order with
signature of Judge |
For hearing of bail
application
(Notice issued)
19.08.2019
Mr. Sundar Khan
Chachar, Advocate for the applicant / accused.
Mr. Abdul Rehman
Kolachi, Deputy Prosecutor General.
.-.-.-.-.-.-.-.-.-.-
Applicant / accused Muhammad Bux
seeks pre-arrest bail in Crime No.104/2018 registered against him and others at
Police Station Wasti Jeewan Shah, District Ghotki for offences under Sections
324, 337-A(i), 337-F(i), 147, 148, 149, 504, PPC. Previously, applicant /
accused applied for pre-arrest bail before learned Additional Sessions Judge,
Ubauro. The same was refused to him vide order dated 29.11.2018, however,
co-accused namely Muhammad Ameen, Arbelo and Shahzado alias Shah Ali were
granted concession of the pre-arrest bail. Thereafter, applicant has approached
this Court.
2. Learned advocate for the applicant /
accused mainly contended that injury No.1 is attributed to the applicant /
accused, was on the lower part of the body and it has
been declared as jurh ghayr-jaifah damihah and its punishment is only
one year. It is further contended that there is old dispute between the parties
over the matrimonial affairs. That there was also twenty-four (24) hours delay
in lodging of the FIR. Counsel for the applicant / accused has alleged serious
mala fide on the part of the complainant and police. Lastly, it is submitted
that applicant / accused, after grant of interim pre-arrest bail, has joined
the investigation and challan has already been submitted before the competent
Court of law.
3. Mr. Abdul Rehman Kolachi, DPG recorded
no objection for confirmation of bail to applicant / accused.
4. I am inclined to confirm the interim pre-arrest
bail already granted to the applicant / accused for the reasons that co-accused
Muhammad Ameen, Arbelo and Shahzado alias Shah Ali have already been extended
concession of the pre-arrest bail by the trial Court vide order dated
29.11.2018 more or less on similar circumstances. Injury attributed to the
applicant / accused is on lower part of the body of the injured and it has been
declared by the Medical Officer as jurh ghayr-jaifah damihah. Learned
DPG submits that the applicant / accused, after grant of interim pre-arrest
bail, has joined the investigation. In the FIR, it is mentioned that there is
dispute between the parties over the matrimonial affairs and prosecution yet has
also to explain at trial the delay in lodging of the FIR.
5. In the view of above, a case for grant
of pre-arrest bail to applicant / accused is made out. Resultantly, interim
pre-arrest bail already granted to the applicant / accused is hereby confirmed
on the same terms and conditions.
6. Criminal Bail Application stands disposed
of in the above terms.
J U D G E
Abdul Basit