ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Bail Appln. No. S- 200 of 2022

Date                            Order with signature of Hon’ble Judge

1.For orders on office objection as flag A.

2.For orders on M.A No. 1652 of 2022.  

3.For hearing of  bail application.            

06.10.2022.

Mr. Mazhar Ali Mangan, advocate for the applicants.

Mr. Shafi Muhammad Mahar, Addl. P.G.

Mr. Sanaullah Gilal

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NAIMATULLAH PHULPOTO-J.:- Applicants/accused Muhammad Juman and Baqa Ali both by caste  Junejo seek pre arrest bail  in Crime No.84 of 2022 registered with P.S Saddar Kamber for offences under Sections 114, 337-F(ii), A(i), 506/2, 504, 148, 149 PPC. Previously applicants applied for the same relief before learned 2^nd Additional Sessions Judge, Kamber, the same was rejected vide order dated 12.4.2022, hence applicants approached this Court.

2.                    Learned counsel for the applicants argued that according to the case of prosecution applicant Muhammad Juman caused gun butt blow  to P.W Abdul Razak  on his little  finger and applicant  Baqa Ali  caused hatchet blow to the complainant on his leg.  It is submitted that alleged offence does not fall within prohibitory clause of section 497 Cr.P.C. Regarding malafide on the part of the complainant, counsel for the applicants has produced letter dated 23.02.2022 of Mukhtiarkar in order to show that there is dispute between the parties over the street.  Lastly it is submitted that the investigation is completed and the applicant is no more required to the police for the purpose of investigation.  

3.                     Learned DPG conceded to the confirmation of bail to the applicants.

4.                     Learned counsel for the complainant opposed the confirmation of bail to the applicants on the ground that the applicants have caused injuries to the complainant and P.W.

5.                    I am inclined to the confirm interim pre arrest bail already granted to the applicants/accused for reasons that injuries caused by the applicants to the complainant and P.W  were on non-vital part of the body.  As per Mukhtiarkar letter dated 23.02.2022, there is dispute between parties on path. As such, malafide is alleged on the part of complainant. Moreover the alleged offence does not fall within prohibitory clause of section 497 Cr.P.C.  In such cases grant of bail is rule and refusal is an exception. In this case the exceptional circumstances have not been pointed out.  Merits of the case can be touched upon while granting pre-arrest bail in view of dictum laid down by Apex Court in the case of Muhammad Ijaz v. The State and others (2022 SCMR 1271).

6.                     For the foregoing reasons, a case for confirmation of bail  to applicants/accused is made out.  Resultantly, application for pre-arrest bail is allowed. Interim pre arrest bail already granted to the applicants is confirmed on the same terms and conditions.

Application for pre arrest bail stands disposed of.

JUDGE

shabir