ORDER
SHEET
IN THE HIGH COURT OF SINDH BENCH
AT SUKKUR
Cr. Bail
Applications No.S-140 & S-152 of 2022
Date |
Order with signature of Judge |
Applicants
in Criminal Bail Ghulam Qadir
and Ghulam Sarwar,
Application
No.S-140 of 2022 through Mr. Fayyazuddin
Rajpar,
& for
Complainant in Cr. Bail Advocate
Application
No.S-152 of 2022:
Applicants
in Criminal Bail Ali Bux and
Ali Gul through
Application
No.S-152 of 2022 Mr. Zulfiqar Ali Panhwar,
advocate
& for
Complainant in Cr. Bail
Application
No.S-140 of 2022:
Respondents in both The
State, Shafi Muhammad Mahar,
Bail Applications: D.P.G.
Date
of hearing: 20.06.2022
Dated
of order: 20.06.2022
O
R D E R
ZAFAR
AHMED RAJPUT, J: By this common order, I intend to dispose of
aforementioned both Criminal Bail Applications as the same being arisen out of
same incident have been heard by me together.
2. Through Cr. Bail Application No.S-140
of 2022, applicants/ accused Ghulam Qadir and Ghulam Sawar, both sons of Yameen
Mashori, seek pre-arrest bail in Crime No.10 of 2022, registered at P.S.
Mithani, Naushahro Feroze under sections 324, 114, 506/2, 504, 337-H (ii), 34 P.P.C.,
while By means of Criminal Bail Application No.S-152 of 2022, applicants/accused
Ali Bux and Ali Gul, both sons of Imam Bux, seek pre-arrest bail in Crime No.11
of 2022, registered at said P.S. under sections 337-H (ii), 337-F(i) &
(iii), 504, 34 PPC. Their earlier applications for grant of same relief bearing
No.284 & 289 of 2022, respectively, were heard and dismissed by the learned
Additional Sessions Judge-III, Naushahro Feroze, vide orders, dated 22.03.2022.
The applicants were admitted to interim pre-arrest bail by this Court vide
orders, dated 28.03.2022 and 06.04.2022, respectively, now the matters are
fixed for confirmation of their interim bail or otherwise.
3. Allegation against the applicants
Ghulam Qadir and Ghulam Sarwar in Criminal Bail Application No.S-140 of 2022 is
that, on 08.02.2022, on the instigation of co-accused Ghulam Rasool Mashori, they
caused firearm injuries to injured Asghar Ali, the brother of the complainant,
on his chest at left side and on right arm, respectively, for that they were
booked in Crime No.10 of 2022. While allegation against applicants Ali Bux and
Ali Gul in Criminal Bail Application No.S-152 of 2022 is that they,
respectively, caused pistol butt blow and dragger blow on the chest and abdomen
of injured Ghulam Sarwar, the father of complainant, for that they were booked
in Crime No.11 of 2022.
4. Heard the learned counsel for the
parties as well as learned D.P.G. and perused the material available on record
with their assistance.
5. It is an admitted position that the persons
from both sides have received injuries and cross-version F.I.Rs have been
recorded in the alleged incident. It is yet to be determined at trial which of
the party was aggressor. It is also an admitted position that the alleged
injuries are not on the vital part of the said injured/P.Ws., namely, Asghar Ali
and Ghulam Sarwar; hence, it is yet to be determined at the trial if the
applicants had any intention to cause their murder, thus, it cannot be said
with certainty that the applicants had intention to commit murder of said
injured, as such, the question of applicability of section 324, P.P.C. to the
case needs serious consideration at the trial stage. MLO has declared the injuries
caused to alleged injured Ali as Ghayr-Jaifah
Mutalahimah,
which is punishable under section 337-F(iii), P.P.C. with imprisonment of
either description for a term which may extend to three years as ta'zir, which, which does not fall within prohibitory clause of section 497,
Cr.P.C. Ordinarily, in such cases, the bail is to be granted as a rule. The
present case does not fall within the exception laid down by the Honourable
Supreme Court of Pakistan in the case of Tariq
Bashir vs. The State (PLD 1995 SC 34).
The prosecution has submitted the Challan against the applicants; therefore,
their custody is not required by the police for further investigation.
Accordingly, interim bail granted to applicants vide orders, dated 28.03.2022
& 06.04.2022, are hereby confirmed on the same terms and conditions, by
allowed both the listed applications.
6. Needless to mention here
that the observations made hereinabove are tentative in nature and would not
influence the trial Court while deciding the case of the applicants on merits. However, in case the applicant(s)
misuses the concession of bail in any manner, the trial Court shall be at
liberty to cancel the same after giving him notice, in accordance with law
Both the listed Cr. Bail Applications
stand disposed of.
JUDGE
Faisal Mumtaz/PS