ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Bail
Application No.S-819 of 2021
|
Date |
Order with signature of Judge |
Applicant: Saeed Ahmed,
through
Mr.
Ali Akram Baloch, Advocate
Complainant: Fayyaz Hussain, through
Mr.
Sikander Ali Junejo, Advocate
State: Through Syed Sardar
Ali Shah Rizvi,
Additional
Prosecutor General
Date of
hearing: 14.02.2022
Dated of
order: 14.02.2022
O R D E R
Zulfiqar
Ali Sangi, J: Applicant/accused Saeed Ahmed son of Muhammad
Shareef is seeking his post-arrest bail in FIR No.228/2021, registered at
Police Station ‘A’ Section Sukkur, under sections 506/2, 436, 427 PPC. Earlier
his post-arrest bail plea was declined by learned Additional Sessions Judge-V,
Sukkur, vide order dated 09.12.2021.
2.
As per FIR the applicant has brought the bottle of petrol, spread it upon motorcycle of
complainant and later on sat it on fire. He also issued threats to the
complainant and motive behind the offence was matter of friendship with the son
of complainant.
3. Learned
counsel for the applicant has mainly contended that the ingredients of section
436 PPC are not made out from the contents of FIR, however he submits that
section 435 PPC is made out and punishment provided for it is two years which
does not fall within the prohibitory clause of section 497 Cr.P.C. He also
contended that the applicant is behind the bar, matter has already been
investigated and challan has been submitted, therefore applicant is no more
required for further investigation. Lastly he prayed that the accused may be
admitted to post-arrest bail.
4. Learned
counsel for the complainant has raised no objection for grant of bail.
5. Learned
Additional Prosecutor General, also conceded for grant of bail and according to him section 435 PPC is
bailable and ingredients of section 436 PPC are missing.
6. I have heard learned counsel for
the applicant, Learned counsel for the complainant, learned APG and perused the
material available on record with their able assistance.
7. Since the complainant and APG have
raised no objection for grant of bail and after careful scrutiny of the facts
of the FIR the ingredients of section 436 PPC not found and section 435 PPC
provides punishment up to two years and is bailable hence the offence for which
the applicant is charged 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 (
8.
The observations made hereinabove are tentative in nature and will not, in any
manner, influence the learned Trial Court at the time of final decision of the
subject case.
JUDGE
Suleman
Khan/PA