ORDER SHEET

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

Cr. Bail Appln. No. S- 281 of 2022

Date                            Order with signature of Hon’ble Judge

1.For orders on office objection as flag A.

2.For hearing of  bail application.            

06.10.2022.

Mr. Sanaullah Gilal, advocate for the applicant.

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

Mr. Suhendar Kumar Gemnani, advocate for the complainant.

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NAIMATULLAH PHULPOTO-J.:- Applicant/accused Imtiaz Ali Jamali seeks pre arrest bail  in Crime No.114 of 2022 registered with P.S Kamber (PP Saddar) for offences under Sections 324, 114, 504, 148, 149 PPC. Previously, applicant applied for the same relief before learned Sessions Judge, Kamber Shahdadkot @Kamber, the same was rejected vide order dated 24.5.2022, hence applicant approached this Court.

2.                    Learned advocate for applicant contended that according to the case of prosecution applicant caused firearm injury to the complainant on his hand it is non-vital part of the body and fire was not repeated.  It is further argued that there is compromise between the parties and compromise application shall be submitted by the applicant before the trial Court on the date of hearing.  Regarding  malafide, learned advocate for the applicant submits that police intends to arrest the applicant with ulterior motive for the purpose of humiliation in the society.

3.                    Learned D.P.G   and  counsel for the complainant did not oppose the confirmation of bail to the applicant on the ground that the offence  is compoundable and the parties  have entered into compromise. Complainant is present before the Court  and confirms about compromise.

4.                    I am inclined to confirm bail to the applicant/accused  for the reasons that the injury caused by him to the complainant by means of firearm was on non-vital part of the body and fire was not repeated. Ingredients of offence under Section 324 PPC are yet to be determined at trial. There is compromise between the parties. It is stated that the compromise application shall be submitted  before the trial Court on the date of hearing.  Regarding malafide it is argued that police intends to arrest the applicant with ulterior motives for humiliation in the society.  While granting pre-arrest bail, merits of the case can be touched in view of dictum laid down  by hon’ble Apex Court in the case Muhammad Ijaz v. The  State and others (2022 SCMR 1271).

5.                    In these circumstances, a case for confirmation of bail to the applicant/accused is made out.  Resultantly, application for pre arrest bail is allowed. Interim pre arrest bail already granted to the applicant is confirmed on the same terms and conditions.

                        Application for pre arrest bail stands disposed of.

JUDGE

shabir