ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Crl.Misc.Appln.No.S-87 of 2017

 

Date                                       Order with signature of Judge

 

   

1.     For orders on office objection “A”

2.     For hearing of case.

 

Date of hearing :   06.12.2018

Date of decision:   10.12.2018

 

 

                        Messers. Altaf Hussain Surhio & Mr. Mazhar Ali Mangan,

Advocate(s) for the applicant/complainant

Mr. Ashiq Ali Kalhoro, Advocate for private respondents/accused.

Mr. Sharafuddin Kanhar, A.P.G

 

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IRSHAD ALI SHAH, J.- The applicant/complainant by way of instant Crl.Misc.Application under section 497 (5) Cr.PC has sought for cancellation of pre-arrest bail, which has been granted to the private respondents/accused by learned 1st Additional Sessions Judge, Qamber, vide his order dated 28.04.2017.

                        The facts in brief necessary for disposal of the instant Crl.Misc.Application are that the private respondents/accused with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, in order to satisfy their dispute with the complainant party over the landed property went over to them and then caused fire shot injuries to PWs Ashiq Ali, Asad Ali and Naveed Ali, with intention to commit their murder, and then went away by making aerial firing to create harassment, for that the present case was registered.

                        The private respondents/accused on having been booked in the above said case, sought for pre-arrest bail, it was granted to them by learned 1st Additional Sessions Judge, Qamber.

                        At the very outset, learned counsel for the applicant/complainant did not press the instant Crl.Misc.Application in respect of respondent /accused Munir alias Munawar by stating that he has not been attributed any active role in commission of the incident.

                        So far the case of respondents/accused Deedar Ali and Ayaz alias Akbar is concerned; it is contended by learned counsel for the applicant/complainant that they being armed with deadly weapons have caused fire shot injuries to PWs Ashiq Ali and Asad Ali with intention to commit their murder, consequent whereof, PW Ashiq Ali has sustained permanent impairment of his right eye while PW Asad Ali is still undergoing treatment for his abdominal injury. By contending so, he sought for cancellation of their pre-arrest bail.

                        It is contended by learned counsel for the private respondents/accused Deedar Ali and Ayaz alias Akbar that the parties are disputed since long and the private respondents/accused have been involved in this case falsely by the applicant/complainant in order to satisfy his dispute with them over landed property, there is no memo of injuries sustained by PW Ashiq Ali and the private respondents/accused have rightly been admitted to pre-arrest bail by learned trial Court and there is delay of about two days in lodgment of the FIR. By contending so, he sought for dismissal of the instant Crl.Misc.Application.

                        In rebuttal to above, it is contended by learned counsel for the applicant/complainant that memo of injuries sustained by PW Ashiq Ali has been prepared by police on 25.01.2017, which is available on record.

                        Learned A.P.G for the State supported the contention of learned counsel for the applicant/complainant.

                        I have considered the above arguments and perused the record.

                        There could be made no denial to the fact that principles for grant of pre and post-arrest bail are different. The pre-arrest bail could only be granted when the accused is found to be involved falsely with malafide intention and he is apprehending his unjustified arrest, harassment and humiliation at the hands of the police. In the instant matter, the private respondents/accused Deedar Ali and Ayaz alias Akbar are named in the FIR with specific allegation that they with rest of the culprits, being armed with deadly weapons, after having formed an unlawful assembly and in prosecution of their common object, went over to the complainant party and then caused fire shot injuries to PWs Ashiq Ali, Asad Ali and Naveed Ali with intention to commit their murder, consequent whereof PW Ashiq Ali sustained permanent impairment of his right eye while PW Asad Ali has sustained abdominal fire shot injury. In that situation, the involvement of the private respondents/accused (Deedar Ali and Ayaz alias Akbar) in this case could hardly be said to be false, which could have entailed the benefit for them for grant of pre-arrest bail under the pretext of unjustified arrest, harass and humiliation for them. The parties may be disputed over the landed property but such dispute may not be a reason with the applicant/complainant to have involved at least private respondents/accused Deedar Ali and Ayaz alias Akbar in this case falsely at the cost of injuries to PWs Ashiq Ali and Asad Ali on vital part of their bodies. It is true that there is delay of about two days in lodgment of the FIR, but there could be made no denial to the fact that the same has been explained plausibly by the applicant/complainant in his FIR itself. No malafide is apparent on the record which could have furnished justification for learned trial Court for grant of extra ordinary concession of pre-arrest bail to private respondents/accused Deedar Ali and Ayaz alias Akbar.

                        Consequent upon above discussion, the pre-arrest bail granted to respondents/accused Deedar Ali and Ayaz alias Akbar by learned trial Court is cancelled while the instant application is dismissed, as not pressed in respect of respondent/accused Munir alias Munawar.

                        The instant Crl.Misc.Application is disposed of in above terms.

 

                                                                                                                            JUDGE

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