ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-667 of 2021

 

Date

               Order with signature of Judge

           

Applicant:                                  Ghulam Rasool Dashti, through

                                                  Mr. Muhammad Siddique Malik,

                                                  Advocate

 

Complainant:                             Mst. Nazi, through

                                                  Mr. Mansoor Hussain Maitlo, Advocate

 

State:                                         Through Syed Sardar Ali Shah,

                                                  Additional Prosecutor General

 

Date of hearing:                         31.01.2022

 

Dated of order:                           31.01.2022

                                                 

O R D E R

 

Zulfiqar Ali Sangi, J:   Through this application, applicant/accused Ghulam Rasool s/o Balach Khan Dashti, seeks pre-arrest bail in FIR No.107/2020, registered at Police Station Khambra, u/s 337-F(v), 504 PPC. His earlier pre-arrest bail plea was declined by the learned Additional Sessions Judge (MCTC) Ubauro, vide order dated 05.01.2021.  

2.              The bail application has been opposed by the learned counsel for the complainant only on the ground that the applicant has caused injury to his real mother, therefore he is not entitled for concession of bail.

3.              Learned Additional Prosecutor General has conceded for confirmation of bail on the ground that the offence for which the applicant is involved is punishable up to five years and does not fall within prohibitory clause of section 497 Cr.P.C.

 

4.              The merit of the bail is not discussed as the same may prejudice the case of either party. Record reflects that co-accused Mukhtiar Ahmed has already been acquitted by the trial court vide judgment dated 01.10.2021 and case of the applicant is before the trial court.  Since the offence for which the applicant is 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. Reliance is placed on the case of Tariq Bashir v. The State (PLD 1995 SC 34) and Sheikh Abdul Raheem v. The State and another (2021 SCMR 822). Further the Honourable Supreme Court in the case of Muhammad Tanveer V. The State and another (PLD 2017 SC 733)  has held that “Once this court has held in categorical terms that grant of bail in offences not falling within the prohibitory limb of section 497 Cr.P.C shall be a rule and refusal shall be an exception then the courts of the country  shall  follow this principle in its’ letter and spirit because principles of law  enunciated by this court are constitutionally binding on all courts throughout  the country including the Special Tribunals and Special Courts.”  Further the said principle has been affirmed by the Honourable Supreme Court in the case of Abdul Shakoor v. the State and another vide order dated 25.01.2022 ( Cr.P.No.1384 of 2021).

5.              The deeper appreciation of evidence is not permissible at the bail stage and the same is to be decided tentatively. From the tentative assessment of material available on record and by following the above principle of Honourable Supreme Court, the applicant has made out his case for confirmation of pre-arrest bail. Accordingly, instant bail application is allowed and interim pre-arrest bail earlier granted to the applicant vide order dated 14.10.2021, is hereby confirmed on same terms and conditions.

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

 

 

                                                                             JUDGE

 

 

Suleman Khan/PA