ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Appln. No. S 176 of 2022.

Date

Order with signature of Judge

 

For Hearing of Bail Application.

 

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26-09-2022.

Mr.Yar Muhammad Jalbani Advocate alongwith applicant Mukesh Kumar.

Mr.Aachar Khan Gabole Advocate alongwith complainant Abdul Hameed.

Mr.Aftab Ahmed Shar Addl.P.G.

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O R D E R.

 

ABDUL 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.

 

6. Heard arguments and perused the material available on record.

 

7. Since, 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 further enquiry.

 

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.

 

 

JUDGE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Akber.