IN THE HIGH COURT OF SINDH BENCH AT SUKKUR.
Cr.B.A.No. 856 of 2009.
For Hearing.
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23.11.2009. Mr.Ghulam
Shabbir Shar advocate alongwith applicants Ghulam Rasool, Shamsuddin alias Shaman, Younis,
Jabbar and Nisar Ahmed.
Mr.Shyam Lal APG.
-
GHULAM SARWAR KORAI,.-
On 29.08.2009 at 14oo hours this FIR was lodged by one Saifuddin
Solangi of an incident which allegedly took place on
21.08.2009 at 6 pm, in which it is alleged that applicants Ghulam Rasool instigated other accused and on his instigation
applicants Shamsuddin and Nisar gave lathi blows to Bilawal and Soomar while applicants Younis
and Jabbar caused lathi
blows to complainant.
The
learned counsel for the applicants contends that this FIR has been registered
with a delay of about 8 days while earlier FIR No.106/09 has been registered by
the applicants party against the complainant party of
this case on 27.08.2009 of the incident, which allegedly took place on
24.08.2009. He also contends that all the accused named in FIR No.106/2009 are
on bail. Although in support of above contention, nothing is available on
record but I rely on the statement of Mr.Ghulam Shabir Shar, the learned counsel
for the applicants.
The
learned APG appearing for the State has opposed the bail.
The
applicants were granted interim pre-arrest bail on 16.09.2009, they have joined
the proceedings regularly, which is evident from the certified copy of the case
diary dated 09.12.2009 and they are no more required for the purpose of
investigation. The punishment of Sections applied by the prosecution,
does not fall within the Prohibitory Clause of Section 497, Cr.P.C.
Accordingly,
interim pre-arrest bail granted to the applicant on 16.09.2009, is hereby
confirmed on the same terms and conditions.
Application
stands disposed of.
JUDGE
Akber.