THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail No.S-84 of 2023

Applicants:          Sherdil son of Mehrab alias Mehardil Brohi and Yar Muhammad son of Khan Muhammad Brohi through M/s. Ali Nawaz Ghanghro and Abdul Aziz Soomro, Advocates.

Complainant:      Mst. Peerani Khatoon Brohi through Mr. Ameer Ali Sanjrani, Advocate.

Respondent:        The State

Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  27.04.2023

Date of Order:     27.04.2023

O R D E R

ZULFIQUAR ALI SANGI, J.- Through instant Criminal Bail Application, applicants/accused Sherdil and Yar Muhammad both by caste Brohi seek pre arrest bail in Crime No. 36/2022, offence under Sections 394, 457, 337-F(v) & 34 P.P.C. of the Police Station Rasheed Waggan. Prior to this, they filed such application, but the same was dismissed by the Court of VI-Additional Sessions Judge, Larkana vide order dated 25.02.2023; hence they filed instant Criminal Bail Application.

2.                The facts of the F.I.R. are mentioned in the 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 submits that the applicants are innocent and they have been falsely implicated by the complainant with ulterior motives and malafide intention; that the F.I.R. is delayed about one month and seven days and no plausible explanation has been furnished by the Complainant; that there is civil dispute between the parties; that the complainant received injuries due to falling down from motorcycle which fact is evident from the report of police complaint cell submitted in Criminal Miscellaneous Application filed by the complainant and no such incident had taken place on the said date.  Lastly, learned counsel prayed that interim pre-arrest bail granted to the applicants may be confirmed.

4.                Learned D.P.G duly assisted by learned counsel for the complainant vehemently opposed the grant of bail to the applicants/accused. Learned counsel for the complainant submits that the proceedings under section 145 Cr.P.C. has been filed by the police before the learned Magistrate, which is pending adjudication. Hence the applicants/accused are not entitled to the grant of bail.

5.                Heard arguments of the learned counsel for the parties and have perused the material available on record with their able assistance.

6.                The perusal of contents of the F.I.R. reveals that the F.I.R. is delayed about one month and seven days, which has not been plausible explained by the complainant, which creates doubt that the F.I.R. is registered after consultation and due deliberation. As per the contentions of the learned counsel for the complainant that proceedings under section 145 Cr.P.C is pending before the learned Magistrate, which reflects that there is dispute between the parties and the injury received by the complainant may be due to some accident. However, it is for the trial Court to see as to whether the applicants have committed the offence or not after recording pro and contra evidence of the parties and at bail stage only tentative assessment is to be made.  In these circumstances, the applicants/accused have made out case for grant of bail under sub-section (2) of section 497 Cr.P.C.  Accordingly, the bail application is allowed and the interim pre-arrest bail earlier granted to the applicants/accused vide order dated 28.02.2023 is hereby confirmed on the same terms and conditions.

7.                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

Manzoor