IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Application No. S- 343 of 2022

Applicants:                              1). Khalid s/o Din Muhammad

                                                2). Sagar s/o Hussain Ali,

                                                3). Shafqat s/o Hussain Ali,

                                                4). Amjad Hussain s/o Gada Hussain

                                                Through Mr. Amanullah Luhur, Advocate.

The State:                                Through Mr. Aitbar Ali Bullo, D.P.G

Date of hearing:                       13.01.2023

Date of decision:                      13.01.2023 

O R D E R

ZULFIQAR ALI SANGI, J:- Through listed bail application,  the above named applicants seek their admission to pre-arrest bail in Crime No.165/2022, registered with Police Station, Mehar, for offences punishable U/S. 440, 114, 147, 148, 149, 504, 337-A(i), 337-F(i) PPC. Earlier, the bail plea of applicants was turned down vide order dated 01.07.2022, passed by Learned I-Additional Session Judge, Mehar.

2.                The facts of the case are already mentioned in memo of bail application as well as in FIR, hence the same need not to be repeated.

3.                 Heard learned counsel for the applicants, learned D.P.G for the State and perused the material made available on record with their able assistance. The former has prayed for grant of pre-arrest bail to the applicants by reiterating the same grounds of his bail application while the latter has flatly opposed to it.

4.                The offences for which the applicants are allegedly involved, entailing punishment for less than ten years which does not fall within the prohibitory clause of Section 497 Cr.PC and grant of bail in such cases is rule while refusal is an exception as has been held by Honourable Supreme Court of Pakistan in cases of Tarique Bashir V. State (PLD 1995 SC 34), Zafar Iqbal V. Muhammad Anwar (2009 SCMR 1488), Muhammad Tanveer V. State (PLD 2017 SC 733) and Shaikh Abdul Raheem V. The State etc (2021 SCMR 822). Further, the Honourable Supreme Court in case of Muhammad Imran V. The State (PLD 2021 SC-903)     has formulated the grounds for the case to fall within the exception meriting denial of bail as (a). the likelihood of the petitioner’s abscondence to escape trial; (b) his tampering with the prosecution evidence or influencing the prosecution witnesses to obstruct the course of justice; or (c) his repeating the offence keeping in view his previous criminal record or the desperate manner in which he has prima facie acted in the commission of offence alleged. Further, Honourable Supreme Court held in the said order held that the prosecution has to show if the case of the petitioner falls within any of these exception on the basis of the material available on the record. In the case in hand, the prosecution has failed to establish any of the above ground meriting denial of the application of the applicants. It is also settled by the Honourable Apex Court that deeper appreciation of the evidence is not permissible while deciding the bail application and the same is to be decided tentatively on the basis of material available on the record.

5.                 In view of above, the applicants have made out a case for further inquiry. Consequently, the instant bail application is allowed and the interim pre-arrest bail earlier granted to the applicants is hereby confirmed on same terms and conditions. Since, the final medical certificate is still awaited therefore the complainant is at liberty to seek cancellation of bail against the applicants on receipt of final medical certificate showing the offences carrying capital punishment.

JUDGE

.