ORDER SHEET
IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANO
1st. Cr. Bail Application No. S-509 of 2023
Applicant: Talib Hussain son of Muhammad Yaqoob Naich through Mr. Abdul Rehman Bhutto, Advocate.
The State: Through Mr. Ali Anwar Kandhro, Additional Prosecutor General.
Complainant: Rasheed Ahmed in person.
Date of hearing: 13.11.2023
Date of order: 13.11.2023
ORDER
Muhammad Saleem Jessar-J. Through this bail application, the applicant Talib Hussain, seeks his admission on pre-arrest bail in crime No.179/2023, registered at Police Station Kashmore, for offence under sections 337-A(i), A(ii), F(i), L-2,504,147,148 and 149 PPC. The applicant filed anticipatory bail application No.712/2023 before the Court of Sessions Judge which subsequently was assigned to Additional Sessions Judge, Kashmore where after fearing the parties same was dismissed vide order 05.09.2023 hence this bail application has been maintained.
2. As reported the case has been challaned which is now pending for trial before the Court of Civil Judge/Judicial Magistrate-II, Kashmore vide Criminal Case No.237 of 2023 re: State v. Talib Hussain and others.
3. The facts of the case are mentioned in FIR, copy whereof has been attached with the memo of bail application, hence need not to be reproduced here again.
4. Learned counsel submits a case diary dated 18.9.2023, taken on record. The diary reveals, charge against accused has been framed on 18.9.2023 and it was adjourned to 03.10.2023 for evidence; however, not a single witness has been examined. He further submits that applicant has challenged veracity of medico legal certificate issued by Medico Lego Officer concerned in favour of the injured Kamber Ahmed; however, the injured did not appear before the Special Medical Board constituted by the Chairman, Ghulam Muhammad Mahar Medical College, Sukkur on 2.11.2023, therefore, the medico legal certificate issued by MLO Dr. Nisar Ahmed Jakhrani in favour of injured has been kept under abeyance as it has lost its sanctity. The same are hereby taken on record. He further submits that FIR is also delayed for about three days and no plausible explanation has been furnished by the prosecution, besides the injuries allegedly sustained by the injured does not fall under the ambit of ambit of prohibition class.
5. Learned Additional Prosecutor General for the State after going through the record does not oppose the bail application.
6. The complainant present in person submits that applicant intends to encroach upon the land jointly owned by them hence he had caused injuries to injured therefore, is not entitled for bail.
7. Heard arguments of learned counsel for the applicant and the complainant as well learned A.P.G and perused the record.
8. Admittedly, the F.I.R is delayed for about three days for which no plausible explanation has been furnished by the prosecution. The delay in criminal cases has always been held by the Superior Courts to be fatal for the prosecution. The injury(ies) allegedly sustained by the injured though is on vital part of the body of injured however, he did not appear before the medical board therefore, the legality as well veracity of medical evidence has not been ascertained hence, the same has been kept under abeyance by the members of the Board. However, the injured as well PWs have to record their evidence before trial court and after recording their evidence if, prosecution succeed to prove charge against the accused then they shall be treated according to law. The case has been challaned and applicant has not misused the concession extended to him, hence instant bail application is allowed. The interim bail granted to applicant on 07.09.2023, is hereby confirmed on same terms and conditions.
JUDGE
S.Ashfaq/-