ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-63 of 2022

 

Date

               Order with signature of Judge

           

 

Applicants:                                 Sikander Ali and others

                                                  through M/s Muhammad Ali Dayo

                                                  and Deedar Ali Chohan, Advocates

 

Complainant:                             Nemo

 

State:                                         Through Syed Sardar Ali ShahRizvi,

                                                  Additional Prosecutor General

 

Date of hearing:                         21.03.2022

 

Dated of order:                           21.03.2022

                                                 

O R D E R

 

Zulfiqar Ali Sangi, J:  Applicants/accused Sikander Ali, Sajjad Ali and Jawad Ali all by caste Siyal, are seeking their pre-arrest bail in FIR No.02/2022, registered at Police Station Khanwahan, District Naushahro Feroze, under sections 302, 504, 337-H(ii), 147, 148 and 149 PPC. Their same plea was earlier declined by learned 1st Additional Sessions Judge Naushahro Feroze, vide order dated 03.02.2022.  

2.                Learned counsel for the applicants has contended that there is delay of about 6 days in lodging of FIR which has not been explained. He next contended that the applicants have falsely been implicated; actually the complainant party had attacked upon the applicant party and such FIR No.01/2022 was lodged by applicant/accused Sajjad against the complainant party prior to registration of present FIR as such in order to save their skin the complainant party has lodged this false FIR. He also contended that no active role has been assigned to the present applicants and in these circumstances they are entitled for confirmation of interim pre-arrest bail already granted to them.

3.           Learned Additional Prosecutor General, opposed the confirmation of pre-arrest bail on the ground that the applicants are nominated in the FIR, who shared their common intention and the applicants are involved in a heinous offence of  murder which carries capital punishment.  

 

4.           I have heard the learned counsel for the parties and perused the material available on record with their able assistance.

 

5.           Per FIR, main role has been assigned to co-accused Abid Ali and Muhammad Haroon but no active role has been assigned to the present applicants as according to contents of FIR co-accused Abid Ali caused hatchet blow on the head of Hakim Ali and accused Muhammad Haroon caused lathi blow on his back, while present applicant accused Sikander Ali and Sajjad Ali allegedly made aerial firing, therefore, question of vicarious liability requires further inquiry. It is also matter of record that there is  delay of six days in registration of FIR and the present applicants have also registered FIR against the complainant which was registered prior to present FIR as such malafide on the part of complainant party cannot be ruled out. It is settled principal of law that deeper appreciation of the evidence is not permissible while deciding the bail plea of the accused and the same is to be decided tentatively on the basis of material available on the record.

6.                From tentative assessment of the material as has been discussed above, I am of the opinion that the applicants have made out case for confirmation of bail. Accordingly, instant bail application is allowed and ad-interim pre-arrest bail earlier granted to the applicants vide order dated 07.02.2022 is hereby confirmed on the same terms and conditions.

7.              The observations made hereinabove are tentative in nature only for the purpose of deciding the instant bail application, which shall not, in any manner, influence the learned Trial Court at the time of final decision of the subject case.

 

 

 

J U D G E

 

 

 

 

Suleman Khan/PA