ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.S-450 of 2021

 

Date

               Order with signature of Judge

                                                                                              

 

Applicant/Complainant:            Zulfiqar Ali Solangi, through

                                                  Mr. Iftikhar Ali Arain, Advocate

 

Accused/Respondents:              In person

 

State:                                         Through Syed Sardar Ali Shah Rizvi,

                                                  DPG

 

Date of hearing:                         27.09.2021

 

Dated of order:                           27.09.2021

                                                 

 

O R D E R

 

Zulfiqar Ali Sangi, J:  Through captioned application Applicant/ complainant Zulfiqar Ali Solangi seeks cancellation of pre-arrest bail granted to accused/respondents by this court on 31.05.2021.

2.              Learned counsel for the applicant/complainant contended that all the accused persons are nominated in the FIR with specific role who have committed murder of one innocent person and caused injuries to PWs; that the accused were not entitled for confirmation of bail, however this court has confirmed the interim pre-arrest bail.

 3.             Learned  DPG has supported the order dated 31.05.2021 passed by this court and submits that the applicant has remedy before the Hon’ble Supreme Court by challenging the order of this court.

4.              I have heard learned counsel for the applicant/complainant, learned DPG and the accused/respondents who shown their faith on learned DPG, and perused the material available on record.

 

5.              Learned counsel for the applicant/complainant was put on notice as to the maintainability of this application u/s 497 (5) Cr.P.C as the accused were granted pre-arrest bail and not post-arrest bail, to which he is unable to satisfy this court. Section 497(5) Cr.P.C empowers the High Court and the Court of Sessions or any other court which released the accused under Section 497 Cr.P.C for arresting him and commit him to custody. The applicants were neither arrested nor were released but were granted bail before arrest. Besides, this court after hearing the bail application on merits and considering all the grounds raised by the learned counsel for the applicant in this application confirmed the bail of accused/ respondents, which order has attained finality and has not been challenged before Hon’ble Supreme Court. Resultantly, this bail application is not maintainable and is hereby dismissed.

 

  

                                                                                JUDGE

 

 

Suleman Khan/PA