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