IN THE HIGH COURT OF SINDH, SUKKUR BENCH AT SUKKUR

Criminal Bail Application No. 389/2021

Criminal Bail Application No. 440/2021

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Date Order with signature of Judge

For hearing of bail application.

23.08.2021

Mr. Muhammad Qayyum Arain, Advocate for the Applicants.

Syed Sardar Ali Shah, DPG

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Zulfiqar Ali Sangi, J:- Applicants are present on bail alongwith their Counsel. Through instant Bail Application, applicants seek their admission on pre-arrest bail in case Crime No.50/2021, under Section 337-A(i), 337-A(v), 337-F(i), 147, 148 504 PPC, registered at P.S. Kandiaro, District Naushahro Feroze. The applicants have preferred their bail plea, being Criminal Bail Application No. 55/2021, before learned Additional Sessions Judge, Kandiaro, which was declined vide order dated 22.04.2021.

2. Succinct facts of the prosecution case are that the complainant got registered FIR on 27.03.2021 alleging therein that there is a dispute in between the parties over the street and in whis regard they had exchanged hot words with each other; however on 05.03.2021, Complainant alongwith his relatives were going towards their land, when applicants/accused came there, used abusive language and forbidden them not to use such street whereupon complainant resist then accused caused various injuries to the injured person, hence this FIR.

3. Learned Counsel for the applicants, at the very outset, submits that applicants are quite innocent and have been falsely implicated in this case by the Complainant party due to landed enmity; that the FIR was lodged with the delay of Twenty Two days, which has not been properly explained by the prosecution; that all the sections are bailable except 337-A(v); that such FIR was registered after due deliberation and consultation. His next submission is that the circumstances prevailed shows that the complainant has implicated the accused with his malafide intention and ulterior motives, which is prime ingredient of grant of pre-arrest bail as the application moved by him is sufficient to show that he has not come with clean hands, therefore, prayed for confirmation of their bail.

4. Conversely, learned APG has vehemently oppose the bail application and submits that specific role of causing iron rod blow as well butt blow to the injured persons has been assigned against both the applicants; however he concedes that FIR was registered with the delay of twenty two days for which no plausible explanation has been furnished. In the last, he submits that they do not deserve extraordinary relief in shape of pre-arrest bail.

5. I have given anxious consideration to the arguments advanced by the learned Counsel for the parties and have gone through the material available before the court.

6. Record reflects that prior to the registration of present FIR which was lodged on 27.03.2021, the FIR No.38/2021 as referred by learned Counsel for the applicants and the same is placed on record through statement, was registered on 05.03.2021 wherein the complainant was nominated as an accused with specific role, which prima facie shows the malafide of the complainant in registration of present FIR. Applicability of section 337-A(v) PPC is to be considered by the trial court after recording evidence of the prosecution witnesses. It is settled principle of law that bail applications are to be decided tentatively and deeper appreciation of evidence is not permissible. Further the offence 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) , Muhammad Tanveer V. The State and another (PLD 2017 SC 733) and Sheikh Abdul Raheem v. The State and another (2021 SCMR 822)

7. From the tentative assessment of the material available on record, the applicants make out the case for confirmation of their pre-arrest bail, therefore, the interim pre-arrest bail already granted to the applicants / accused by this court vide order dated 23.06.2021, is hereby confirmed on same terms and conditions. The trial court is directed to conclude the trial within three months with compliance report through Additional Registrar of this court.

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

9. Instant Criminal Bail Applications are disposed of in the above terms.

JUDGE

Faisal Mumtaz/PS