ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.  Misc. Appln. No. S-16 of 2023

 

Date

               Order with signature of Judge

 

1.           For order on M.A No. 264/2023. (Urgency Application)

2.           For or der on office objection.

3.           For order on M.A No. 265/2023. (Exemption Application)

4.           For hearing of main case.

 

23-01-2023

Mr. Ahmed Bux Abro, Advocate for the applicant.

.-.-.-.-.-.-.-.-.-.-.-.-.

1.                 Urgency is granted.       

2. to 4.         Heard learned counsel for the applicant. Perused the impugned order dated 04.01.2023, passed by learned IV-Additional Sessions Judge, Larkana. Perusal of impugned order reflects that bail was granted on the following grounds.

"The tentative study of the FIR shows that there is admitted landed dispute in between the parties, notwithstanding the fact that such motive is double edged, however, registration of FIR No.75/2022 at P.S Taluka for offence U/S.324,337-H(i), 506/2, 427,148,149 PPC by mother of applicant/accused against the complainant party showing the same date of occurrence has made out the matter to be of further inquiry and it is yet to be seen that which party is aggressor. The offence of firearm injury to the person of injured shown to have been received by him is on non-vital part. Yet, it is opined to be falling U/S.337-F(vi) P.P.C which obviously does not attract the prohibition of law. The offence falling U/S. 324 PPC, no doubt, does attract the embargo of law but the above discussion has made out the same to be of further probe. The applicant/accused has already been sent up to jail under judicial custody remand and thus is no more required to police for further investigation. Yet, co-accused Khamiso and two others to whom same role is assigned, have been admitted to interim pre-arrest bail which has even been confirmed today. To me, the applicant/accused has a case for bail, therefore, he is allowed concession of bail. He shall be released, however, subject to his furnishing a solvent surety in the sum of Rs.50,000/-(Fifty thousand) and P.R bond in the like amount to the satisfaction of this Court. "

                    No illegality or infirmity has been found in the impugned order. Resultantly, instant criminal misc. application stands dismissed in limine along with listed application.

 

                                                                                  Judge

Abdul Salam/P.A ****