ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.
Cr.
Bail Application No. S-302 of 2019
________________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
For
hearing of Bail Application.
01-07-2019.
Mr. Saeed Ahmed Chachar Advocate for applicants
along with applicants / accused.
Mr. Abdul Majeed Mirbahar Advocate for
complainant.
Mr.
Aftab Hussain Shar Additional P.G.
.-.-.-.-.-
Applicants / accused Liaquat Ali and Nazir Ahmed
are present on interim pre-arrest bail granted to them by this Court vide order
dated 28.05.2019. Today this bail application is fixed for confirmation or
otherwise.
2. The allegations against the applicants
/accused are that at the time of alleged incident they caused lathi blows to
P.W Mst. Razul which hit her on his left arm and left hand respectively. The
Medico Legal Officer has described the injuries as Shujjah-e-Ghari Jaifah
Hashmihah which falls under section 337-F(v) PPC for which punishment is not
more than five years.
3. It
is argued by learned counsel for applicants / accused that the applicants being
innocent have falsely been involved by the complainant in this case on account
of their landed property and the alleged offence does not fall within
prohibitory clause of section 497 Cr.P.C. He further submits that parties have
compromised the matter outside the Court and in this case charge has been
framed by the trial Court.
4. Learned
Additional P.G assisted by learned counsel for complainant has recorded his no
objection if the interim pre-arrest bail already granted to them is confirmed
on same terms and conditions.
5. I
have heard learned counsel for the parties at some length and after perusing
the record I have come to this conclusion that the applicants have made out their case for confirmation of
bail on the ground that admittedly parties are in litigation on account of
their dispute with them over landed property and there is only allegation against
the applicants / accused that they allegedly caused lathi blows to Mst. Razul
which hit on her left hand and arm respectively which is admittedly on non
vital part of the body. The MLO has described these injuries as Ghair-Jaifah
Hasmihah which falls under section 337-F(v) PPC, for which punishment is not
more than five years thus it appears that the case of the applicants do not
fall within the prohibitory clause of section 497 Cr.P.C. In such situation grant
of bail is a rule and its refusal is an exception. No exceptional ground has
been pointed out in this bail application against the accused to refuse bail.
Besides this the parties have compromised the matter outside of this Court.
6. In
view of above, I confirm interim pre-arrest bail already granted to the
applicants / accused on same terms and conditions with directions to the
applicants / accused to appear before the trial Court to face trial. In case
the applicants / accused misuses the bail the trial Court would be competent to
cancel the bail of the applicants / accused without making any reference to
this Court. It is sated by the parties that the parties have compromised the
matter, therefore, trial Court is directed to decide the case expeditiously preferably
within the period of two months as per law under intimation to this Court.
7.
Needless to mention here that observations, if any, made hereinabove are
tentative in nature and woul d not
influence the trial court while deciding the case of the applicant/accused on
merits.
The bail application stands disposed
of.
JUDGE
Irfan/PA.