ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Appl No.S-436/2018

Date	Order with signature of Judge

Present.

Mr. Justice Amjad Ali Sahito

Applicants: 1) Mumtaz Ali s/o Ghulam Rasool.

2) Manthar s/o Muhammad Bux

Through Mr. Sabir Hussain Samo, Advocate for applicants.

Respondent: The State through Mr. Sardar Ali Shah, DPG.

Date of hearing: 10.09.2018

Date of order: 10.09.2018

O R D E R

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AMJAD ALI SAHITO, J. Through instant bail application, applicants Mumtaz and Manthar seek post-arrest bail in crime No. 51/2018, offence punishable u/s: 324, 452, 506/2, 147, 148, 149, 114, 337-A(i), 337-F(i), 337-H-2, 504, 337-F(iii), 337-L(ii) PPC, registered at Police station Halani. Earlier, their bail application was declined by learned Sessions Judge Nousheroferoz vide order dated: 09.06.2018.

2. Precisely, prosecution case is that on 12.04.2018, complainant, his brothers Habibullah, Muhammad Malook, cousis Roshan an Zafar, uncle Ghulam Mustafa were available in their house. It was about 06:30 pm, accused Ghulam Rasool having a lathi, Ali Nawaz and Imtiaz having lathies, Mumtaz having a hatchet, Noor Muhammad armed with pistol, Raheem Bux having a lathi tress-passed into their house. Accused Ghulam Rasoo nad his brother Raheem Bux asked them that they had asked them not to cultivate lands of Mirza Ishtiaq Baig and leave his harap but they have not done so. Then accused Fateh Ali instigated other accused persons to inflict blows, on which accused Mumtaz and Manthar inflicted hatchet blows to Habibullah, Ghulam Mustafa and Muhammad Malook, which hit on their head who fell down by crying. Accused Ghulam Rasool and Raheem Bux inflicted lathi blows to Roshan and Zaffar and at that time his uncle Muhammad Ali came for work on threasure and his uncle Raheem Bux alias Fateh Ali cousin Nazir came there after hearing cries and rescued them at the hands of accused persons. At the time of leaving their house, accused came to door of house and an accused Noor Muhammad fired in the air with a pistol and abused them and extended threats to them and asked them that if they will cultivate land of Mirza Ishtiaq Baig they will commit their murders and their houses will be set on fire. Then al the accused ran away. He along with witness arranged vehicle and brought injured persons to PS Halani. He received a letter and wnet to RHC Halani for treatment where inured Habibulah, Ghulam Mustafa Roshan and Malook were referred to Nawabshah due to their serious condition. After getting free from the hospital, complainant lodged instant FIR on 13.04.2018 at about 0100 hours.

3. Learned counsel for the applicants contends that case is false and applicants have been implicated in this case due to enmity; that there is unexplained delay of about two days in lodgment of the FIR; that all the Pw’s are related to the complainant and no any independent person has been cited as witness of the alleged occurrence; that offences with which applicants are charged do not fall within the prohibitory clause of section 497 Cr.PC. Lastly he prayed for grant of bail to the applicants.

4. On the other hand, learned DPG appearing for the State, while supporting the impugned order has vehemently opposed for grant of bail to the applicants.

5. I have heard learned counsel for the parties and perused the material available on record. No doubt, the applicants have been nominated in the FIR, but no specific role of causing injury to the injured has been assigned The applicants did not repeat the lathi, hatchet blows to the injured. The injury suffered by victim Muhammad Malook fall within the ambit of section 337-F(iii) PPC which is primarily punishable with imprisonment extended to three years as Tazir, the other injuries received by other injured are bailable in nature. The appellants are in jail for last three months. It will be seen at the trial that whether section 324 PPC is applicable or not when prosecution will adduce their evidence.

6. At this juncture, assessment of all the above factors and material available on record makes the case of the applicants one of further enquiry in terms of sub section (2) of section 497 Cr.PC. Accordingly the instant bail application is allowed and the applicant are admitted to bail upon their furnishing solvent surety in the sum of Rs. 50,000/- (Fifty thousand rupees) and PR bond in the like amount, to the satisfaction of trial court.

7. Needless to mention that observations made herein above are tentative in nature and would not prejudice the case of either party at trial.

JUDGE

Sajjad