THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-354 of 2022

Applicants:          Ali Nawaz and Allah Dad Mugheri through Mr. Abdul Khalique Kalhoro, Advocate.

Respondent:        The State

Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh a/w I.O.

Date of hearing:  10.11.2022

Date of Order:     10.11.2022

O R D E R

AMJAD ALI SAHITO, J.- Through instant Criminal Bail Application, applicants/accused Ali Nawaz son of Liaquat and Allah Dad son of Meeral both by caste Mugheri seek pre-arrest bail in Crime No. 122/2022, offence under Sections 324 & 34 PPC of the Police Station Kamber City. Prior to this, they filed such application, but the same was turned down by the Court of Sessions Judge, Kamber-Shahadadkot at Kamber vide order dated 16.06.2022; hence they filed instant Criminal Bail Application.

2.                The details and particulars of the F.I.R. are already available in the bail application  and F.I.R., same could not gathered from the copy of F.I.R. attached with such application, hence, needs not to reproduce the same hereunder.

3.                Per learned counsel, the applicants/accused are innocent and they have been falsely implicated in this case by the complainant with mala fide intention and ulterior motives due to previous hostility; that the F.I.R. is delayed about six days, no plausible explanation has been furnished by the complainant; that though the names of the applicants have appeared in the F.I.R. but the role assigned to them is that they have caused butt blows on the face of Muhammad Yousuf; that the interim challan has been submitted and the applicants/accused are no more required for further investigation. Lastly, learned counsel prayed for grant of bail to the applicants/accused.

4.                On the other hand learned D.P.G has vehemently opposed the grant of bail to the applicants/accused.

5.                Heard and perused. Admittedly, the F.I.R. is delayed about six days and no plausible explanation has been furnished by the complainant.  Though the names of the applicants/accused have appeared in F.I.R. but the role assigned to them is not supported by the medical evidence. The complainant has admitted in the F.I.R. that there is murderous enmity between the parties, therefore, false implication of the applicants/accused cannot be ruled out in the instant case. The applicants/accused are attending the Court and they are no more required for further investigation. At the bail stage only tentative assessment is to be made. Learned counsel for the applicants/accused has pleaded malafide on the part of the complainant that due to previous enmity the applicants/accused have been implicated in this case.  Learned counsel for the applicant/accused has made out case for grant of bail under sub-section (2) of section 497 Cr.P.C.  Accordingly, the bail application is allowed, interim pre-arrest bail earlier granted to the applicants/accused vide order dated 15.07.2022 is hereby confirmed on the same terms and conditions.

6.                Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of either party at trial.

                                J U D G E

Manzoor