IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.154 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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05.03.2025
Mr.
Abdul Hakeem Jakhro, advocate, holds brief for Mr. Saeed Ahmed Khoso, advocate for
applicants
Ms. Seema Zaidi, Additional Prosecutor General Sindh
Mr. Ajab
Khan Khattak, advocate for complainant
SIP/IO Dost Muhammad Khan of PS Peerabad
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Applicants/accused
Farman son of Akhtar Gul
Khan and Akhtar Gul Khan
son of Mir Ghoas Khan seek pre-arrest bail in FIR No.406/2024,
registered at P.S. Peerabad for offence under
sections 337-F(i), 337-F(v), 34, PPC, after rejection of their bail plea by
Additional Sessions Judge-III, West Karachi vide order dated 20.12.2024.
2. Allegations
against applicants/accused in this case are that on 24.06.2024, Akhtar Gul Khan and his two sons,
duly armed with iron rods, pipes and chains, with whom complainant party have
disputes, attacked on complainant and beaten him severely due to which he
became injured, he receiving MLO report No.5657/2024 from Abbasi
Shaheed Hospital, he lodged the subject FIR.
3. Mr.
Abdul Hakeem Jakhro, advocate, holding brief on
behalf of Mr. Saeed Ahmed Khoso,
counsel for applicants, submits that applicants are innocent and they have been
falsely implicated in the present case due to mala fide intentions and ulterior
motives on account of family dispute between the parties; that both the parties
are close relatives but name of Farman has not been mentioned in the FIR, which
creates serious doubt in the prosecution case, which requires further inquiry;
that there is inordinate delay of 19 days in lodging of FIR without any
plausible explanation; that alleged offence does not fall within the
prohibitory clause of section 497, Cr.PC.
4. On the
other hand, learned Additional Prosecutor General Sindh, assisted by counsel
for complainant, opposed for grant of bail on the ground that applicants are
nominated in FIR and they have shared common intention and actively
participated in the commission of alleged offence and caused injuries to the
complainant.
5. Heard
learned counsel for applicants, Additional Prosecutor General Sindh, counsel
for complainant and perused the material available on record.
6. Admittedly,
there is a delay of 19 days in lodging of FIR without any plausible
explanation. Applicants/accused and complainant are close relatives, despite
that applicant Farman has not been named in the FIR, which creates doubt in the
prosecution case. No specific role has been assigned to applicants/accused. All
the sections applied in the FIR are bailable, except
section 337(v), PPC. The offence alleged does not fall within the prohibitory
clause of section 497, Cr.PC. It is well settled law
that merits cannot be considered at bail stage and only tentative assessment
can be made. Reliance is placed on the cases of Zeeshan versus the State and another (2024 SCMR 1716), Kazim
Ali versus the State (2021 SCMR 2086) and Muhammad Ijaz
versus the State (2022 SCMR 1271).
7. In view
of above, interim pre-arrest bail granted to applicants Akhter
Gul Khan and Farman by this Court vide order dated 22.01.2025
in the aforesaid FIR is hereby confirmed on the same terms and conditions.
8. The
instant bail application is accordingly disposed of.
J U D G E
Gulsher/PS