ORDER SHEET
IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA
Crl. Bail Application No. S- 99 of 2018
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DATE |
ORDER WITH SIGNATURE OF JUDGE |
1.For orders on office objection ‘A’
2.For Hearing of Bail Application
11.05.2018
Mr. Saleem Raza Jakhar, Advocate for the applicant along with applicant.
Mr. Raja Imtiaz Ali Solangi, Assistant P.G Sindh for State.
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Amjad Ali Sahito, J.- Applicant Rahmat Ali Langah seeks his admission on pre-arrest bail in Crime No. 06 of 2018 registered with Police Station Market, Larkana under section 506/2, 509, 354, PPC. The applicant preferred his bail application before the learned Additional Sessions Judge, Larkana in terms of Bail Application No. 94/2018 but his request was turn down by order dated 06.02.2018, hence this application.
2. The facts germane to the present case are that on 15.01.2018 complainant Mst. Fatima daughter of Akhtar Hussain reported the incident with Police Station Market, Larkana alleging therein that she used to visit dargah of Qaim Shah Bokhari for paying homage on every Monday and Friday but while on the way, the accused Rahmat Ali Langah used to intercept her. On resistance, it is alleged by the complainant that the accused teased the complainant, spoke filthy language and tried to catch her as a result thereof, her gown fallen on the ground. On cries, local persons gathered there and on seeing them the accused escaped away while issuing threats of dire consequences.
3. Learned counsel for the applicant contended that there is delay of two days in lodging the F.I.R; there is general allegation against the applicant, alleged offences does not fall within prohibitory clause of section 497 (1), Cr.P.C and one P.W is her father, hence interested. He further contended that the applicant has enmity with one Ali Gohar, the uncle of the complainant, who has filed application against the applicant in the Court of learned Sessions Judge, Lakana therefore, at his instance, the complainant was acting. He lastly submits that the applicant has been continuously attending the trial Court and has never misused the concession of bail, hence prayed for confirmation of bail.
4. Conversely, learned Assistant Prosecutor General Sindh, Larkana for the State has opposed the confirmation of bail.
5. I have heard learned counsel for the applicant as well as learned Addl. PG for the State and perused the material available on record.
6. Admittedly, the applicant is nominated in the F.I.R with specific role of misbehaving with the complainant who is a poor and young lady. The applicant has misbehaved with the complainant and had used filthy language only in order to pressurize the complainant to surrender before him. The role of applicant by insulting a young lady in broad day light in the thickly populated area, catching her from her hands and using filthy languages does not warrant him being a police official which fall within the definition of Section 354, P.P.C. It is well settled principle of law that pre-arrest bail is extraordinary relief the scope whereof is narrow but it can be lawfully extended to a person who does not prima facie appear to have committed a non bailable offence or there is room for further probe into his guilt within the meanings of Section 497, Cr.P.C while grant of bail in non bailable offences is a concession which implies the condition that after release on bail the accused will not misuse the concession so extended. Accused so released, if found violent to take revenge from the complainant, the prosecution witnesses or the police, his bail is liable to be cancelled. In the case in hand, the conduct of the applicant shows that he is violent and trying to take revenge from the complainant and causing unnecessary harassment to the complainant who is a young lady which may invite some other misfortune. The complainant is present in person, she has filed a statement along with photo copy of F.I.R No.01 of 2018 registered at Police Station Sachal, Larkana for offence under section 506/2, PPC against the applicant for repeating the same offence. It clearly shows that the applicant being police official is deliberately repeating the offence and misusing the concession of pre-arrest bail. The applicant has not been able to show any malafides on the part of complainant. Consequently, instant bail application is dismissed. The interim bail granted to the applicant by this Court vide order dated 22.02.2018 is hereby recalled. Let copy of this order be sent to the learned trial Court for information/compliance.
Judge
Abid H. Qazi/**