IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-731 of 2021

 

           

Applicants:                                 Irfan Ali and another, through

                                                  Mr. Azizullah Pathan, Advocate

                                                 

 

Cr. Bail Application No.S-692 of 2021

 

 

Applicants:                                 Mazhar Hussain and another, through

                                                  Mr. Tofique Hussain Nonari, Advocate

 

 

Complainant:                             Nemo

 

 

State:                                         Through Syed Sardar Ali Shah Rizvi,

                                                  Deputy Prosecutor General

 

Date of hearing:                         17.01.2022

 

Dated of order:                           17.01.2022

                                                 

O R D E R

 

Zulfiqar Ali Sangi, J:   Through instant applications, applicants/ accused Irfan Ali and Fareed both sons of Ali Gohar Shaikh and Mazhar Hussain and Inayat  Ali both sons of Allah Bux Shaikh, are seeking their pre-arrest bail in FIR No.186/2020, registered at Police Station Shaheed Murtaza Mirani District Khairpur, under sections  324, 148 and 149 PPC.  Earlier their pre-arrest bail applications were declined by learned Additional Sessions Judge-II, Khairpur vide orders dated 01.11.2021, 14.04.2021 and 02.08.2021 respectively.

2.                As per allegations in the FIR the applicants/accused have caused injuries to complainant Rashid, PWs Niaz Hussain, Mst.Anwar,  and Mst. Fahmeeda.

3.                Learned counsel for the applicants submit that there is delay of one day in the registration of FIR and the same has not been properly explained by the complainant; that prior to registration of present FIR the applicants/accused party had lodged FIR No.185/2020 regarding murder of father of co-accused Ali Gohar in which complainant of present FIR is also accused; that the complainant has concealed the facts of incident and has given false facts in order to falsely implicate the present applicants; that as per  medical certificates the injuries received by the injured persons are punishable up to 05 years, which do not fall within the prohibitory clause of section 497 Cr.P.C; that section 324 PPC is not applicable in the present case and its applicability will be determined by the trial court after recording evidence of the prosecution witnesses. Lastly, they prayed that interim pre-arrest bail granted to the applicants may be confirmed.

4.                Learned  DPG appearing for the State in view of above submissions of learned counsel for the applicants has conceded for confirmation of bail while relying upon the case law reported in 2021 MLD 2016 and 2021 SCMR 1909.

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

6.                Admittedly there is delay of one day in registration of FIR which has not been properly explained by the complainant. Further, there are counter cases in between the parties and enmity is admitted. Besides, the injuries caused to the injured persons as per medical evidence are punishable up to 05 years and does not fall within the prohibitory clause of Section 497(2) Cr.P.C, while application of section 324 PPC shall be determined by the trial court after recording evidence. The grant of bail in such cases which do not fall within prohibitory clause of section 497 Cr.P.C is a 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).

7.                 The 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 the applicants have make out their case for confirmation of pre-arrest bail. Accordingly, instant bail applications are allowed and ad-interim pre-arrest bail earlier granted to the applicants vide orders dated 10.11.2021 and 22-10-2021 are hereby confirmed on the same terms and conditions.

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

9.                The above bail applications are disposed of in the above terms.

                   Office is directed to place a signed copy of this order in the captioned connected bail application.

 

 

                                                                             JUDGE

 

 

 

Suleman Khan/PA