IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

        Crl. Bail A. No.S-447 of 2021        

 

DATE OF

HEARING

 

ORDER WITH SIGNATURE OF JUDGE.

 

 

1.     For orders on O/objection at flag-A.

2.     For hearing of main case.

 

 

23.09.2021

 

Mr. Fayazuddin Rajper Advocate for applicant.

Mr. Niaz Hussain Maitlo Advocate for complainant.

Syed Sardar Ali Shah D.P.G for state.

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                               O R D E R

 

 

 

 

 

ZAFAR AHMED RAJPUT;           Through instant Crl. Bail application, applicant Badal Khan son of Sabal Gaho seeks pre-arrest bail in Crime No.205 of 2021 registered at Police Station, ‘B’ Section Khairpur under Sections 452, 337F(i) (ii), 506/2, 147, 148, 149 PPC. His earlier application for same concession bearing No.1976/2021 was heard and dismissed by the learned Additional Sessions Judge-II, Khairpur vide order dated 15.07.2021. 

 

2.       As per FIR, on 06.07.2021 at 0815 hours the applicant duly armed with pistol formed an unlawful assembly along with seven unknown co-accused having Iron rods and in prosecution of common object of the such assembly committed trespassed by entering into the house of complainant and caused injuries to his son namely Naeem Raza, for which he was booked in the FIR. It is alleged that the applicant was annoyed with the complainant for filing the case against him.

 

3.       After hearing learned counsel for the applicant, complainant, Deputy Prosecutor General and perusing the material available on record, it appears that no specific role has been attributed to applicant for the commission of alleged offence. The allegations against him are general in nature. The injuries allegedly caused to the son of the complainant has been declared by the Medico-legal Officer as Jurh-Ghyr Jaifah Badi’ah which is punishable u/s 337F(ii), PPC with imprisonment upto three years as Tazir; hence, the same does not fall within the prohibitory clause of section 497 Cr.P.C. The police had already submitted challan before the Court concerned and now matter is fixed for framing of the charge against the accused. The accused was admitted on interim bail by this Court on 19.07.2021 and there is no allegation against him for misusing the concession of interim bail. Hence, the interim bail granted to the applicant by this Court is confirmed on the same terms and conditions.

 

4.       Needless to mention here that in case the applicant misuses the concession of bail in any manner whatsoever, the trial Court shall be at liberty to recall the same by issuing him requisite notice.

 

          Application stands disposed of.

                                                                                                        J U D G E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ihsan.