ORDER SHEET

THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail Application No.153 of 2018

Applicant                   :           Muhammad Usman

                                                through Mr. Abdul Haleem, Advocate

Respondent               :           The State through Mr. Saleem Akhtar Buriro,

PG Sindh

Date of hearing         :           10.4.2018

Date of Order            :           10.4.2018

ORDER

Abdul Maalik Gaddi, J:    Applicant/ accused is present on interim pre-arrest bail granted to him by this Court vide Order dated 29.01.2018. Today this bail application is fixed for confirmation or otherwise.

2.         The allegation against applicant/ accused as per contents of FIR are that on the alleged date, time and place, the present applicant/ accused along with co-accused caused/ inflicted iron rod injury to HC Muhammad Amin, which hit him on his right hip.

3.         It is contended by the learned counsel for applicant that the case against applicant is false and has been registered due to enmity. He further submits that challan against applicant has been presented and applicant is no more required for investigation. He further submits that injury attributed to the present applicant falls under Section 337L2 for which the punishment is 02 years, as according to him the punishment of the said injuries does not fall within the prohibitory clause of Section 497 CrPC. He further submits that it is yet to be determined at the time of trial whether in fact the applicant has played active role of offence in the commission of crime or otherwise, till then case of applicant require further probe.

4.         Mr. Saleem Akhtar Buriro, Learned Prosecutor General, Sindh, in view of argument of learned counsel for applicant, has raised his no objection for grant of bail in favour of the applicant.

5.         I have given my anxious thoughts to the contentions raised at the bar and have also gone through the case papers so made available before me.

6.         It appears from the record that there is only allegation against applicant that he caused/ inflicted iron rod at the right hip of HC Muhammad Amin and injury attributed to the applicant has been described by doctor under Section 337L2 PPC (other hurts) for which the punishment is not more than 02 years. Furthermore, injury attributed to the applicant has not been declared by doctor as dangerous. Thus it appears that the case of the applicant does not fall within the prohibitory clause of Section 497 CrPC. Besides this, the injuries allegedly received by HC Muhammad Amin are on non-vital part of his body. It is stated by the counsel for applicant that applicant is regularly appearing before the trial Court.

7.         Under these circumstances and in view of no objection extended by learned PG Sindh, the applicant has made out a case for confirmation of bail. I, accordingly confirm the interim order already extended in favour of the applicant on same terms and conditions with direction to the applicant to appear before the trial Court to face the trial.

8.         Needless to mention here that the observation, if any, made in this order is tentative in nature and shall not effect the merits of the case.

9.         Before parting with the order, I would like to make it clear that in case during proceedings before trial Court, if applicant misuses the bail, trial Court would be competent to cancel the bail of the applicant after due notice and hearing the parties.

In view of the above, this bail application is allowed in above terms.

       JUDGE

asim/pa