IN THE HIGH COURT OF SINDH BENCH AT
Crl. Bail Appln.
No. S – 176 of 2022.
Order with signature of Judge
For Hearing of Bail Application.
Muhammad Jalbani Advocate alongwith
applicant Mukesh Kumar.
Khan Gabole Advocate alongwith
complainant Abdul Hameed.
Ahmed Shar Addl.P.G.
D E R.
MOBEEN LAKHO, J:- Through the instant bail application, applicant Mukesh Kumar seeks
Pre-arrest bail in respect of Crime No.57/2022 of Police Station, Mirpur Mathelo, District Ghotki, registered for offence under Section 420, 406, 506/2, 337-A(I), 504, 114, PPC.
2. Prior to this, an application for grant
of bail was moved on behalf of the applicant before the learned trial Court but
the same was dismissed vide order dated 25.04.2022. Now, he has, therefore
approached this Court with the same prayer.
3. In nut-shell, the prosecution case is
that the dispute between complainant and present applicant is going on over
business transaction. It is alleged that when the complainant went to applicant
at his shop and demanded his share in the profit from applicant, the applicant
pointed his pistol upon the complainant and on his instigation other
unidentified accused available at his shop caused kicks and fist blows to the
complainant and issued threats of dire consequences in case the complainant
makes the same demand again.
4. Learned counsel appearing on behalf of
the applicant, inter alia, contended that the present applicant has been
falsely implicated in this case contrary to the actual facts and circumstance on
account of a dispute over business
transaction, with malafide intent and for ulterior
purpose. He further contended that from the contents of FIR, the ingredients of
sections applied by the police are not attracted, with which the applicant is
charged except general allegations leveled against the applicant, as such the
applicant has good case for confirmation of interim bail.
5. Conversely, learned counsel appearing on
behalf of the complainant has not been able to controvert the arguments
advanced by the learned counsel for the applicant while learned Addl.P.G appearing for the State has not supported the
order of the learned trial Court and conceded for confirmation of interim bail
already granted to the applicant.
arguments and perused the material available on record.
this is a case of general allegations leveled against the applicant and it
appears that the FIR was
registered on 22.03.2022 whereas the incident took place on 25.02.2022 while
161 Cr.P.C statements were recorded on 23.03.2022,
requires deeper appreciation, which can only be determined at the trial after
recording of evidence. Besides this, the ingredients of sections applied by the
police, with which the applicant is charged, are attracted
in the case, or not, can only be thrashed out after the recording of evidence, therefore
the learned Addl.P.G has conceded for confirmation of
interim pre-arrest bail already granted to the applicant as his case requires
8. Accordingly, this bail application is
allowed and interim pre-arrest bail already granted to the applicant vide order
dated 27.04.2022, is hereby confirmed on same terms and condition.