IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-764 of 2021

           

 

Applicants:                                 Sanaullah and another, through

                                                  Mr. Ali Dad Narejo, Advocate

                                                 

Complainant:                             Abdul Rehman, through

                                                  Mr. Saeed Jamal Lund, Advocate

 

State:                                         Through Mr. Zulfiqar Ali Jatoi,

                                                  Additional Prosecutor General

 

Date of hearing:                         14.01.2022

 

Dated of order:                           14.01.2022

                                                 

 

O R D E R

 

Zulfiqar Ali Sangi, J:  Applicants/accused Sanaullah son of Idrees Narejo and Aqib son of Naseem Narejo are seeking pre-arrest bail in FIR No.07/2021, registered at Police Station Guloo Siyal, District Khairpur, under section 337-A(i), 337-F(i) 337-F(ii), 506/2, 147, 148 and 149 PPC. Their earlier pre-arrest bail plea was declined by learned Additional Sessions Judge Gambat vide order dated 24.11.2021, hence they approached this court by filing present bail application.

2.                As per FIR the applicants have caused injuries to the complainant due to previous grudge over matrimonial affairs.

3.                Learned counsel for the applicants has contended that there is delay of 18 days in registration of the FIR which has not been properly explained by the complainant. He next contended that there is previous enmity between the parties which is admitted in the FIR. He also contended that hall the sections are bailable except 337-A(ii) which provides punishment up to three years and as such does not fall within prohibitory clause of section 497 Cr.P.C, therefore, the applicants are entitled for concession of bail.

4.                Conversely, learned counsel for the complainant and APG have opposed the grant of bail on the ground that the applicants are nominated in the FIR with specific role of causing injuries and they are not entitled for bail in case the offence does not fall within the prohibitory clause, as a matter of right as this is a case of exceptional, therefore the bail application may be dismissed.

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

6.                Admittedly there is delay of 18 hours in registration of the FIR which has not been properly explained. The injuries as certified by the MO are punishable up to three years and all other sections applied in the FIR are bailable, hence the offence does not fall within prohibitory clause of section 497 Cr.P.C. The Honourable Supreme Court in numerous judgments has held that the bail in cases which do not fall within prohibitory clause of Section 497 is right and its refusal is an exception. Reliance is placed on the case of Tariq Bashir v. The State (PLD 1995 SC 34) , Muhammad Tanveer V. The State and another (PLD 2017 SC 733), Sheikh Abdul Raheem v. The State and another (2021 SCMR 822) and Muhammad Daniyal Farrukh Ansari v. The State (2021 SCMR 557). The Honourable Supreme Court vide order dated: 05-08-2021 in the Case of Muhammad Imran v. The State (Crl.P.860-L/2021) has categorically settled the grounds for the case to fall within the exceptions meriting denial of bail as (a) the likelihood of the petitioner’s abscondence to escape trial; (b) his tampering with the prosecution evidence or influencing the prosecution witnesses to obstruct the course of justice; or (c) his repeating the offence keeping in view his previous criminal record or the desperate manner in which he has prima facie acted in the commission of offence alleged. Learned counsel for the complainant and APG have not been able to point out any of the grounds to bring the case of applicants in the exceptions for refusal of the bail as settled by the Supreme Court.

7.                It is settled principle of law that while deciding the bail plea of accused deeper appreciation of evidence is not permissible and the material is to be assessed tentatively. From the tentative assessment of the material available on record, the applicants have made out the case for confirmation of  pre-arrest bail, therefore, the interim pre-arrest bail already granted to the applicants / accused  by this court vide order dated 29.11.2021, 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