IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

 

Criminal Bail Appln. No. S-53 of 2023

 

 

Applicant

 

Nizaqat Ali Bijarani

 

 

Through Mr. Ashfaq Ahmed Abro, advocate

 

 

 

Complainant

 

Mahfooz Ahmed

Through Mr. Muhammad Afzal Jagirani, advocate

 

 

 

State

 

Through Mr. Aitbar Ali Bullo, D.P.G

 

Date of hearing

 

10-04-2023

Date of order

 

10-04-2023

 

 

 

 

 

 

 

 

 

                                                           

 

O R D E R

 

ZULFIQAR ALI SANGI, J.- Through instant criminal bail application, the applicant/accused Nizaqat Ali Bijarani seeks post arrest-bail in Crime No.17/2022, registered at Police Station Tangwani, for the offence U/S 395,397,506/2,337-H(2), 452 P.P.C, after rejection of his bail plea by the learned I-Additional Sessions Judge, Kandhkot, vide order dated 02.02.2023.

2.                                          The facts of the incident are mentioned in the memo of bail application and the copy of F.I.R. is also attached with the bail application, hence, need not to reproduce the same here.

3.                                          Learned counsel for the applicant/accused submits that the applicant/accused is innocent and has falsely been implicated in this case by the complainant with malafide intention and ulterior motives; that there is delay of 15 days in registration of F.I.R, which delay has not been explained by the complainant; that co-accused Hidayatullah lodged F.I.R bearing Crime No.16/2022 at same Police Station against complainant party, hence this counter F.I.R has been registered by the complainant against the applicant/accused; that co-accused Shafiqat Ali and Mohammad Hashim @ Shahabaz have also been granted post-arrest bail by this Court in Cr. Bail. Appln. No. S-383/2022 vide order dated 17.10.2022; that the maximum punishment provided for the offences alleged in the F.I.R is only 5 and 3 years, therefore, the offences for which the applicants are charged do not fall within the prohibitory clause of Section 497 Cr.P.C. He, therefore, prayed that the applicant/accused be released on post-arrest bail.

4.                                          Learned D.P.G. assisted by learned counsel for the complainant have opposed for grant for post-arrest bail. They submit that applicant is nominated in FIR with specific role therefore, he is not enetiled for grant of bail.

5.                                          Heard learned counsel for the applicant, learned D.P.G. and learned counsel for the complainant and perused the material available on record with their able assistance.

6.                                          Admittedly, there is delay of 15 days in registration of FIR and the same has not been explained. Both the parties have registered cases against each other, as such it would be determined at the time of trial after recording evidence as to which party is aggressor and which party is aggressed upon. The co-accused Shafiqat Ali and Mohammad Hashim @ Shahabaz have also been granted post-arrest bail by this Court in Cr. Bail. Appln. No. S-383/2022 vide order dated 17.10.2022;

7.                                          The offences for which the applicant is allegedly involved, entailing punishment for less than ten years which does not fall within the prohibitory clause of Section 497 Cr.PC and grant of bail in such cases is rule while refusal is an exception. In the case in hand, the prosecution has failed to establish any of the ground meriting denial of the application of the   applicants as settled by Honourable Supreme Court of Pakistan in case of Muhammad Imran v. the State (PLD- 2021 S.C- 903)

8.                                          The case has been challaned and the applicant is in jail, his physical custody is no ore required to the police for further investigation. It is well settled law that deeper appreciation of evidence is not permissible at bail stage and only material is to be assessed tentatively. While considering the facts and circumstances of the case tentatively, it appears that the applicant/accused has made out case for further inquiry entitling him for grant of post-arrest bail. Accordingly, instant criminal bail application is allowed. The applicant/accused is admitted on post-arrest bail subject to furnishing solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand only) and P.R bond in the like amount to the satisfaction of trial court.

9.                                          Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned trial court while deciding the case of either party at trial.

J U D G E

 

S.Ashfaq/P.S