IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S- 217 of 2018

For hearing of bail application.

14-09-2018

Mr. Bashir Ahmed Shar Advocate along with applicant.

Mr. Ali Mardan Shar Advocate along with complainant.

Mir Muhammad Afzal Hussain Talpur, APG for the State.

O R D E R

AMJAD ALI SAHITO J., Applicant Morand Shar seeks pre-arrest bail in crime No. 53 of 2018 registered at P.S, Thari Mirwah for offences under sections 337F(v), 337F(i), 337A(i), 114, 147, 148, 149 & 504 PPC. The application moved by the applicant for same relief was turned down by learned 1^st Additional Sessions Judge, Khairpur vide order dated 12.04.2018

2. Learned counsel for applicant submits that applicant is innocent and has falsely been implicated in this case with mala fide intentions and ulterior motives due to previous enmity; that there is inordinate delay of one day in registration of FIR, for which no plausible explanation has been offered by the complainant; that the offences with which applicant is charged do not fall within prohibitory clause of section 497 CrPC; that on the application of co-accused Sharaf Ali, an enquiry was conducted by Fida Hussain Awan, DSP/SDPO, Mirwah, who opined that due to annoyance between the parties over registration of FIR No.195 of 2017 by co-accused against Abdul Rasool Shar (injured of this case and others, which is pending trial in the competent court of law, the instant FIR was lodged in order to put pressure upon the applicant party to withdraw from the said case; that in fact the injured met with road accident, due to which he received injuries; that the applicant has not misused the concession of interim bail granted by this court and is regularly attending the trial court; Lastly, he prayed for confirmation of interim bail already granted to applicant by this court.

3. Learned counsel appearing on behalf of complainant opposed the confirmation of bail on the ground that applicant is nominated in the FIR with specific role of causing injury to the injured.

4. Learned APG for the State could not controvert the submissions made by learned counsel for applicant.

5. I have heard learned counsel for applicant, learned counsel for complainant as well as learned APG so also have gone through the material available on record.

6. Perusal of FIR reflects that previous enmity is admitted between the complainant and accused persons as previously co-accused Sharaf Ali had lodged FIR No. 195 of 2017 under section 382 PPC against injured Abdul Rasool, trial of which is pending in the competent court of law. Furthermore, an enquiry was also conducted by DSP/SDPO, Mirwah, wherein it was proved that due to above annoyance, complainant has lodged instant FIR against the applicant party to settle the account of previous enmity, therefore, presumption of false implication of applicant with mala fide intentions and ulterior motives cannot be ruled out. Moreover, the offence with which applicant is charged does not fall within prohibitory clause of section 497 CrPC and it is yet to be seen at the trial that whether injured received injuries at the hands of applicant or he met with road accident by falling from motorcycle. It is also an admitted position that there is no complaint with regard to misuse of concession of interim bail by the applicant as he is regularly attending the trial court.

7. For what has been discussed above, I am of the considered view that applicant has succeeded to make out a case for confirmation of interim pre-arrest bail already granted to him by this court. Accordingly, interim pre-arrest bail already granted to the applicant Morand Shar 13.04.2018 is hereby confirmed on same terms and conditions.

J U D G E