ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH
AT SUKKUR
Cr. Bail Application No.S-232 of
2018.
|
Date |
Order with signature of Judge |
Present
Mr. Justice Amjad Ali Sahito.
Applicants: 1. Peeral alias Pir Bux.
2.
Arbelo.
3.
Soomar.
All
sons of Waris Solangi, R/O village Hani Wahan, Taluka Bhiria, District
Naushehro Feroze.
Mr.
Habibullah Chandio advocate for applicants.
Respondent. The
State.
Mr.
Syed Sardar Ali Shah Rizvi, Deputy Prosecutor General.
Mr.
Mukhtiar Hussain Tunio advocate for complainant.
Date
of hearing. 27-08-2018.
O R D E R.
.-.-.-.-.-.-.-.-.-.-.-.-.
AMJAD ALI
SAHITO, J.-The captioned bail application is
directed against the order dated 16-04-2018, passed by learned III-Additional
Sessions Judge Naushehro Feroze, whereby the pre arrest bail application of the
applicants/accused was dismissed.
2.
Briefly,
the facts of the prosecution case are that on 29-03-2018 complainant Ali Asghar
Solangi lodged the F.I.R. alleging therein that on 07-03-2018 at about 11-00 am
near his land situated in deh Chano Usman five persons namely Peeral, Arbelo
armed with pistols, Soomar with gun and two unidentified persons armed with
lathies came on two motorcycles. Accused Peeral Solangi caused butt blows of
pistol over the nose of complainant, while accused Arbelo caused him butt blows
of pistol below his right eye and blood was oozing. Then accused Peeral robbed
Rs. 45000/- from the side pocket of his shirt and then all the accused persons
escaped away. Complainant raised cries, which attracted to PWs Kiri and Ashfaq
Solangi, whom complainant narrated the incident. Complainant came to police
station, obtained letter for treatment and certificate and then file such
application for registration of F.I.R. and after getting order from the Court,
he came to police station and lodged the above said F.I.R.
3. It is, inter-alia, contended by
the learned counsel for the applicants that applicants are innocent and have
falsely been implicated in this case; that there is inordinate delay of about 13
days in lodging the F.I.R. and such delay has not been explained by the
complainant; that there is matrimonial dispute between the parties as Mst.
Sadaf, the daughter of applicant/accused Arbelo has contracted love marriage
with Mazhar Solangi, which complainant himself has admitted in the F.I.R; that
offence does not fall within the prohibitory clause of section 497 CrPC; that
after getting interim pre arrest bail, applicants/accused have joined the
investigation and they are regularly attending the trial Court and they are no
more required for further investigation, therefore, they are entitled for
concession of pre arrest bail.
4.
On the other, learned DPG
states that delay has properly been explained by the complainant that first he
appeared at police station, obtained letter for treatment and certificate and
after getting order from the Court, he appeared at police station and lodged
the F.I.R, that injury attributed to the applicant/accused Peeral has been
declared as Shujjah-e-Munnaqillah which falls within the prohibitory clause of
section 497 CrPC, therefore, he opposed for the grant of pre arrest bail to the
extent of applicant/accused Peeral, while he has conceded for grant of bail to
the remaining applicants/accused Arbelo and Soomar.
5.
Learned counsel for
the complainant has argued that applicants/accused duly armed with deadly
weapons, with their common intention came at the place of incident, caused butt
blows to complainant over his nose and others parts of body and after
committing robbery of huge amount of Rs. 45,000/- and issuing threats of dire
consequences, they escaped away from the spot, therefore, they are not entitled
for any relief, hence their interim bail may be recalled.
6.
I have considered the
submissions of learned counsel for the parties and have gone through the
material available on record. Record reflects that name of applicant/accused
Peeral has find place in the F.I.R. with specific role of causing injury to
complainant over his nose. According to the Radiological opinion comminuted fracture
with displacement of nose bone seen, therefore, such injury has been declared
as Shujjah-e-Munnaqillah being punishable for a period of 10-years, by the
medical officer RHC Tharushah, District Naushehro Feroze, which falls within
the prohibitory clause of section 497 CrPC, and such medical certificate has
not been challenged by the applicant/accused Peeral. Delay for registration of
F.I.R. has been properly explained by the complainant and there is no malafide
on the part of the complainant or police to falsely implicate the
applicant/accused Peeral in this case, therefore, he is not entitled for the concession
of pre arrest bail. The bail application of the applicant/accused is dismissed
and earlier order granting interim bail to the applicant/accused is hereby
recalled.
7. Record reflects that
injuries attributed to applicant/accused Arbelo does not fall within the
prohibitory clause of section 497 CrPC. Perusal of F.I.R. shows that no
specific allegation has been attributed by the complainant against
applicant/accused Soomar and mere his presence has been shown. After getting interim pre arrest bail, the
applicants/accused have joined the investigation and they are regularly
attending the trial Court and they have not misused the concession of interim
pre arrest bail and such certified copy of diary dated 19-05-2018 of trial
Court has also been produced by learned counsel for applicants/accused.
8. A tentative assessment of all the above
factious available on record, the case of applicants/accused Arbelo and Soomar requires further inquiry, therefore, their interim pre
arrest bail is hereby confirmed on same terms and conditions. The instant pre
arrest bail application is disposed of accordingly.
9.
Needless, to mention
that the observations made herein above are tentative in nature and would not
prejudice the case of either party at trial.
Judge
Nasim/P.A