ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-636 of 2021

 

Date

               Order with signature of Judge

           

 

Applicants:                                 Gul Hassan, through

                                                  Mr. Ali Raza Kalwar, Advocate

 

Complainant:                             Nemo

 

State:                                         Through Shafi Muhammad Mahar,

                                                  Deputy Prosecutor General

 

Date of hearing:                         01.11.2021

Dated of order:                           01.11.2021

                                                 

O R D E R

Zulfiqar Ali Sangi, J:  Through instant bail application, applicant Gul Hassan son of Abdul Hakeem Kasai, seeks pre-arrest bail in FIR No.08/2021, registered at Police Station Gemro, under sections       337-F(vi), 337-A(i), 337-F(i) 337-L(ii), 504, 147 and 149 PPC. His earlier bail application was dismissed by the learned I-Additional Sessions Judge, (MCTC) Ghotki vide orders dated 20.08.2021.

2.           As per FIR the allegation against the applicant is that he caused lathi blows to PW Mst. Samul on her right hand.

3.           Learned counsel for the applicant has contended that there is delay of seven days in lodging of FIR, which has not been properly explained by the complainant. He next contended that there are counter cases in between the parties. He also contended that the injury of Mst. Samul has been declared by the Doctor punishable u/s 337-F(vi) PPC which carries punishment of imprisonment up to seven years, therefore offence does not fall within prohibitory clause of section 497 Cr.P.C. He further contended that co-accused Gul Sher, Pir Bux and Mir Hassan have been granted pre-arrest bail by learned I-Additional Sessions Judge Ghotki and the FIR has been lodged with false facts with malafide intention and ulterior motive. Lastly he prayed that the interim pre-arrest bail granted to the applicant may be confirmed.

4.           Learned DPG has opposed the grant of bail on the ground that the name of applicant has been mentioned in the FIR with specific role of causing injury to PW Mst.Samul and medical evidence corroborates the ocular version of the complainant party, therefore the applicant is not entitled for concession of bail.

5.           I have heard the learned counsel for the parties and perused the material available on record with their able assistance.

 

6.           Admittedly there is seven days delay in registration of FIR. Record reflects that FIR No.47/2021 of Police Station ‘B’ Section Ghotki has been lodged by the applicant party against the complainant paryt in which accused Muhammad Moosa, Zulfiqar Ali, Sanaullah and Qurban Ali have been granted bail. Further the offence for which the applicant is allegedly involved does not fall within prohibitory clause of section 497 Cr.P.C and grant of bail in these cases is a rule and refusal is an exception, however, strong reasons for refusal are required. Co-accused Gulsher, Pir Bux and Mir Muhammad having similar role of causing lathi injuries to the PWs Muhammad Moosa, Sanaullah, Tufail and Amanullah have been granted pre-arrest bail by the I-Additional Sessions Judge (MCTC) Ghotki vide order dated 19.07.2021. It is also settled principle of law that bail applications are to be decided tentatively and deeper appreciation of evidence is not permissible.

 

7.           From the tentative assessment of the material available on record, the applicant has made out the case for confirmation of        pre-arrest bail, therefore, the interim pre-arrest bail already granted to the applicant / accused  by this court vide order dated 01.10.2021, is hereby confirmed on same terms and conditions.

8.           Observations made herein above are tentative in nature and will not cause any prejudice to either party at the trial.

 

 

                                                                             JUDGE

 

Suleman Khan/PA