ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.

Cr. Bail Application No. S-329  of 2019

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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.