ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Bail Appln. No.S- 644 of 2023.  

Date of hearing                                Order with signature of Judge.

1.For orders on office objection as flag A.

2.For hearing of  bail application.                        

 Applicant                              Through Mr. Mohammad Ali Memon, advocates a/w 

(Qurban Ali Mahar)     :       applicant  (on bail).

The State                      :        Through Mr. Ali Anwar Kandhro,  Addl. P.G.

Complainant                             :       Through Mr. Ashfaque Hussain Abro, advocate a/w

(Wazir Mahar)                       complainant.

Date of hearing            :       15.01.2024.

O R D E R.

MUHAMMAD SALEEM JESSAR:- Through this application, applicant seeks his admission on pre arrest bail in Crime No.62 of 2023 of P.S Chak for offences under Sections 302, 148, 149, 114, 337-H(ii) PPC. Applicant filed  anticipatory bail application before the Court of Sessions where initially he was granted interim pre arrest bail vide order dated 26.10.2023 and subsequently it was assigned to 1^st Additional Sessions Judge/MCTC, Shikarpur vide  Pre-arrest Bail No.1152 of 2023 where after hearing the parties its confirmation was  declined vide order dated 31.10.2023, hence this application has been maintained.

2.                    The facts of the prosecution case are already mentioned in FIR as well as memo of bail application therefore, same are not required to be repeated herein again.

3.                    At the very outset, learned counsel for the applicant submits certified copy of order dated 23.12.2023 passed by learned Civil Judge  and Judicial Magistrate, Lakhi Ghulam Shah in respect of Crime No.62 of 2023 of P.S  Chak under Sections 302, 148, 149, 114, 337-H(ii), PPC under cover of his statement dated 15.01.2024, taken on record. He, therefore, submits that though the applicant was nominated in the FIR; however,  during investigation  he has been let off by the police and his name has been kept under column No.2  of the challan/report  under Section 173  Cr.P.C.  He submits that the summary submitted by the I.O before Judicial Magistrate has also been approved by means of order dated 23.12.2023, therefore, case against the applicant requires for further enquiry.  He prays for confirmation of bail.

4.                    Learned Addl. P.G does not oppose the bail application.

5.                     Learned counsel for the complainant opposes the proposal on the ground that in wake of accused having been let off by police, instant application has become infructuous. He further submits that as far merit of the case is concerned, the applicant has been nominated in the FIR duly armed with lathi and he has been assigned role of instigation therefore, he is not entitled for pre arrest bail.

6.                     Since the applicant has been let off by the police from the charge and such report in terms of section 173 Cr.P.C has also been accorded by the Magistrate having jurisdiction, therefore, case against the applicant requires for further enquiry. Consequently instant bail application is hereby allowed. The interim bail granted to the applicant on 03.11.2023 is hereby confirmed on same terms and conditions.

7.                    Disposed off.

JUDGE