ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.
Cr.
Bail Application No. S-329 of 2019
________________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
1.
For orders on office objection at Flag
'A'.
2.
For hearing of Bail Application.
12-07-2019.
Mr.
Irshad Hussain Dharejo Advocate for applicants / accused along with applicants.
None
present for the complainant.
Syed
Sardar Ali Shah D.P.G.
.-.-.-.-.-
Applicants / accused are present on interim
pre-arrest bail granted to them by this Court vide order dated 12.06.2019.
Today this bail application is fixed for confirmation or otherwise.
2. The
brief facts of the case are that complainant Talib Ali Panhiyar lodged FIR with
PS Sorah on 21.05.2019 at 1315 hours, stating that on 14.05.2019 at 7.00 p.m
present applicants / accused along with co-accused came at the land of
complainant and caused injuries to peasant of the complainant namely : Abdul
Aziz by way of lathi blows on account of landed dispute, resulting, the person
from complainant party become serious injured so after the incident the injured
were brought at PS for report where from police referred them to Hospital for
their treatment and medical report, thereafter, again complainant went to PS
along with final medico legal certificate of injured and FIR of this case was
registered against the above named accused.
3. It
is argued by learned counsel for the applicants /accused that the applicants /
accused are innocent and have been falsely implicated by the complainant in
collusion with I.O with malafide intention; that after obtaining interim bail,
applicants / accused during investigation proved their innocent before I.O;
that no incriminating material has been recovered from the possession of
applicants / accused; that the case of applicants / accused is not different
from other accused persons whose bail has been confirmed by the trial Court;
that the case of the applicants / accused require further investigation into
their guilt, therefore, interim bail may be confirmed.
4. None
present on behalf of complainant, however, learned DPG submits that the case
has been challaned and there is only allegation against the applicants /
accused that they caused lathi blows to PW Abdul Aziz which hit on his left arm
and during medical examination the injuries caused to PW Abdul Aziz has been
described by the doctor as Jurh Ghair Jaifah Hashmihah and Shujjah-e-Khafifah
respectively for which the punishment is not more than five years.
5. I
have heard learned counsel for the parties at a considerable length and have
gone through the case papers so made available before me. It is an admitted
fact that case has been challaned and present applicants / accused are no more
required for further investigation. Only allegation against the applicants /
accused are that they have caused lathi blow injuries to PW Abdul Aziz which
hit him on his left arm. During examination of PW / injured, Medical Officer has opined the injuries
caused to the injured at his left arm as
Jurh Ghair Jaifah Hashmihah and Shujjah-e-Khafifah which falls under sections
337-F(v) and 337-A(i) PPC for which the punishment is not more than five years.
Thus in view of case law reported in PLD 1995 Supreme Court 34 in which it has
been observed that if the case does not fall within prohibitory clause of
section 497 Cr.P.C grant of bail was to be considered as rule and refusal is an
exception. No exceptional ground has been pointed out or appears in this case
to withhold the bail of the applicants / accused.
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.
7.
Needless to mention here that observations, if any, made hereinabove are
tentative in nature and would not influence the trial court while deciding the
case of the applicant/accused on merits.
The bail application stands disposed
of in the above terms along with listed applications, if any.`
JUDGE
Irfan/PA.