ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

1^st Cr. Bail Application No. S-636 of 2023

Applicants:                                        Ghulam Shabir and Nazir Ahmed, both by caste Shaikh, through Mr. Aqeel Ahmed A. Bhutto, Advocate.  

The State:                                          Through Mr. Khalil Ahmed Metlo, Assistant Prosecutor General.

Complainant:                                    Saeed Ahmed, through Mr. Tufail Ahmed Kumbhar, Advocate. 

Date of hearing    :  20.11.2023

O R D E R.

                        Through this bail application, the applicants seek their admission on pre-arrest bail in crime No.108/2023, registered at Police Station Rehmatpur, Larkana, for offence under sections 506/2, 337-A(i), 337-F(i), 337-F(v), 337-F(vi), 148 and 149, PPC. The applicants filed anticipatory bail application No.1671 /2023 before the Court of Sessions Judge, Larkana, which subsequently was assigned to Additional Sessions Judge-V, Larkana, where after hearing the parties same was dismissed vide order 27.10.2023; hence, this bail application has been maintained. As reported, the police has submitted interim challan and the case is now pending for trial before IV-Civil Judge & JM, Larkana vide Cr. Case No.____ of 2023 re-State v. Ghulam Shabir & 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 for the applicants submits that the applicants are innocent and they have been falsely implicated by the complainant due to previous enmity and ill-will. He next submits that FIR is delayed for about 11 days and no plausible explanation has been furnished by the prosecution for such an inordinate delay. Besides, the punishment for the injuries allegedly sustained by the injured do not attract prohibition contained in Section 497, Cr.PC.  He further submits that the witnesses cited in the FIR are related to the complainant. Lastly, he submits that the case against the applicants requires further enquiry in terms of sub-section (2) to Section 497, Cr.PC.   

5.         Learned Asst. Prosecutor General for the State opposes the bail application, on the ground that the applicants are nominated in the FIR with specific role of causing injuries to PWs Ghous Bux and Ghulam Shabir.

6.         The complainant is present in person and Mr. Tufail Ahmed Kumbhar advocate files Vakalatnama on his behalf. He also opposes the bail application and submits that applicants, who are named in the FIR, have caused severe injuries to injured Ghous Bux and Ghulam Shabir, therefore, they are not entitled to concession of bail.

7.         Heard arguments of learned counsel for the applicants as well as learned A.P.G and learned Counsel for the complainant, and perused the record.

8.         Admittedly, the F.I.R is delayed for about 11 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 injured are not carrying the punishment, which may exceed the limits of prohibitory clause of Section 497, Cr.PC. Furthermore, the injured PWs still have to record their evidence before trial court and after such exercise if, prosecution succeeds to prove its charge against the accused, even then they shall be treated according to law. The case has been challaned, which is being tried by the Court of Magistrate. The applicants are not alleged to have misused the concession extended to them.   

9.         In view of above, instant bail application is allowed and the interim pre-arrest bail granted to applicants on 31.10.2023, is hereby confirmed on same terms and conditions. 

                                                                                                                      JUDGE

Qazi Tahir/-