ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 623 of 2022.

Date of hearing

Order with signature of Judge

27.01.2023.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Ajmair Ali Bhutto, Advocate for applicant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Zulfiqar Ali Sangi, J:     Through instant application, applicants Ali Akbar alias Akbar and Asghar Ali seek pre-arrest bail in Crime No.29/2011, of Police Station  Mahi Makol, registered under Sections 324, 337-A (i), 337-F (i), 504 and 34 P.P.C.  Their similar prayer was declined by the learned trial Court, vide order dated 07.12.2022.

            At very outset it is mainly contended by the learned counsel for applicants that the parties have patched up; that the offences are compoundable and complainant extends his no objection for grant of pre arrest bail in favor of applicants due to compromise between the parties.

            Complainant Qabil Patoojo, who is present in person; affirms the contention of learned counsel with regard to compromise between him and the accused/ applicants; further states that the Nekmards of accused side and their side have intervened and they have patched up outside the Court and that they would file such compromise application before the learned trial Court. He extended no objection for grant of bail to the applicants.

            Learned Addl. P.G. in view of above position also recorded his no objection to grant of bail to applicants.

            The complainant has categorically stated he has patched up the dispute with the accused party and extended no objection for grant of bail to applicants/ accused and they would file such compromise application before the learned trial Court. The learned Addl. P.G. has also conceded for grant of bail in view of compromise between the parties. Therefore, the grant of this application would be in the fitness of things and meet the ends of justice. In this regard, I find support from the case law reported in 2003 MLD 1665, wherein bail was granted while observing as under:

            “At the very outset it is stated by Mr. Madad Ali Shah, learned counsel for the applicants that elders of the parties have intervened and are making efforts to bring about differences between the applicants and the complainant party. The complainant party, according to him, has no objection if the bail is extended to the applicants, as it will facilitate the resolution of the long drawn dispute between the parties. Complainant of the crime Muhammad Haneef son of Muhammad Siddique is present in Court and has made a statement under his signature duly supported by the affidavit to the above effect and so also similar statements have been made by Sikander Ali and Ghulam Abbas, the alleged injured.

            I have inquired from all three persons, they confirm the statement of Mr. Madad Ali Shah, learned counsel for the applicants and state there is possibility of resolving the controversy.”

            In view of above, when the parties have patched-up, the offence is compoundable and complainant has forgiven the applicants and has recorded no objection for the grant of bail to applicants; compromise is a good ground for bail in the interest of justice in order to avoid further bloodshed between the parties. Consequently, interim pre arrest bail already granted to applicants Ali Akbar alias Akbar and Asghar Ali is hereby confirmed on same terms and conditions.

                                                       Judge

Ansari