ORDERSHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR____.
Cr.
Bail Application No. S-354 of 2019
________________________________________________________________
DATE ORDER WITH SIGNATURE
OF JUDGE ________________________________________________________________
For hearing of Bail Application.
12-07-2019.
Mr.
Nisar Ahmed Bhanbhro Advocate for applicants / accused along with applicants /
accused.
Syed
Sardar Ali Shah D.P.G along with complainant Shahnawaz.
.-.-.-.-.-
Applicants / accused are present on interim
pre-arrest bail granted to them by this Court vide order dated 25.06.2019.
Today this bail application is fixed for confirmation or otherwise.
2. Briefly
facts of the prosecution as set out in the aforesaid FIR lodged by complainant
Shahnawaz with PS Sorah on 26.05.2019 at 1300 hours are that on the relevant
day and time, applicants / accused along with two unknown accused persons duly
armed with deadly weapons formed an unlawful assembly and in prosecution of
their common object forcibly entered into the house of complainant and caused
injuries to PWs Mst. Abida Khatoon (wife of complainant ), Mst. Zareena
(sister-in-law of complainant ) and Mst. Khalida (daughter of complainant ) on
their different parts of body on which complainant party raised cries and all
accused then ran away from scene of offence, hence above FIR was lodged.
3. It
is argued by learned counsel for the applicants /accused that the applicants /
accused are innocent and a false case has been registered due to enmity over
landed property; that the alleged incident took place on 19.03.2019 whereas FIR
has been lodged on 26.05.2019 after the delay of two months and seven days in
which no satisfactory explanation has been furnished for such delay as such
according to him on this ground false implication of the applicants / accused
in this case with due deliberation and consultation cannot be ruled out; that
the incident has not taken place as stated in the FIR and the whole story
narrated in it is false; that the doctor on medical examination of the injured
has opined that the injuries on the persons of injured falls
Shujjah-e-Khafifah, Jurh Ghair Jaifah Damihah and other hurts respectively
which falls under sections 337-A(i), 337-F(i) and 337-L(ii) PPC for which the
punishment is not more than two years thus according to him the case against the applicants does not fall
within the prohibitory clause of section 497 Cr.P.C 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 is 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.
4. Mr.
Sadam Hussain Leghari Advocate has filed his power on behalf of complainant and
submits that although present applicants /accused have committed offence but
according to him he has no objection for confirmation of bail if the trial
Court is given directions to conclude the trial within 45 working days and in
case the accused misuses the bail then trial Court may be given directions to
cancel the bail of the applicants / accused.
5. Learned
D.P.G has raised no objection on the above proposition.
6. 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 appears from the
record that alleged incident was taken place on 19.03.2019 whereas FIR was
lodged on 26.05.2019 after delay of two months and seven days for which no
satisfactory explanation has been furnished, therefore, in my tentative opinion
false implication of the applicants /accused in this case with due deliberation
and consultation could not be ruled out. As per FIR enmity in between the
parties are apparent. The only allegation against the applicants are that they
allegedly entered in the house of complainant duly armed with lathi and caused
lathi blows to the injured persons which hit on their hands respectively.
During medical examination of the injured persons doctor has opined the
injuries of the injured persons as Shujjah-e-Khafifah, Ghair Jaifah Damihah and
other hurts respectively as such the said injuries falls under sections
337-A(i), 337-F(i) and 337-L(ii) PPC for which punishment is not more than two
years. Admittedly the case has been challaned and applicants / accused are no
more required for further investigation. It appears that the case of the
applicants / accused do not fall under prohibitory clause of section 497
Cr.P.C, therefore, in view of case law reported in PLD 1995 Supreme Court 34,
the grant of bail in such cases not falling within prohibitory clause is a rule
and its refusal is an exception. No exceptional ground has been pointed out or
appears in this case to withhold the bail of the applicants / accused.
7. Under
the circumstances applicants / accused have made out their case for confirmation
of pre-arrest bail. Accordingly, interim order already extended in favour of
applicants /accused is hereby confirmed 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.
8. 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.
9. Since it is alleged against the applicants
/accused that they have allegedly entered in the house of the complainant,
therefore, trial Court is directed to conclude the trial within 45 working days
as per law. No unnecessary adjournment shall be granted to either party. Compliance
report be submitted to this Court through Additional Registrar of this Court.
The bail application stands disposed
of in the above terms.
JUDGE
Irfan/PA.