IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 514 of 2018

Muhammad Imran Shaikh…..…………………...…………………..Applicant

Versus

The State…………………………………………..……………….Respondent

Date of Hearing & Order : 07.08.2018

Mr. Muhammad Nadeem Shah Jalali, advocate a/w applicant

Mr. Mukhtiar Ahmed Jawed, advocate for complainant

Mr. Zahoor Ahmed Shah, DPG for State a/w I.O ASI Moin Khan

O R D E R

.-.-.-.-.-.

Fahim Ahmed Siddiqui, J: The applicant Muhammad Imran Shaikh succeeded in getting interim pre-arrest bail vide Order dated 5-4-2018 in a case initiated out of FIR No. 96/2018 u/s 337-A (1), 337-E (1) and 337-E (2). Today, the instant bail application is fixed for confirmation of earlier order or otherwise.

2. I have heard the arguments advanced from either side and perused record produced before me. After getting enlightened from the valued submissions made at bar and scanning the record, I have observed as under:

(a) The allegation against the applicant used to create a hurdle from raising construction over the plot of the complainant party and on the date of incident, he came to the plot of complainant party and started abusing complainant and his friends and brother. When the applicant was restrained from using abusive language, he became furious and with some pointed weapon attacked upon complainant. The complainant received injuries at his abdomen, hand and left leg.

(b) The complainant after receiving injuries, was shifted to hospital where he remained as indoor patient and after recovery, he approached the police station for lodging FIR. In such a situation, delay in lodging of FIR appears to be properly explained.

(c) The learned counsel for the complainant has placed on record certain photographs from which it appears that the complainant has suffered serious injury and a stitched wound is seen spreading to the entire longitude of abdomen of the complainant. Besides the same, other injuries also sustained by the complainant, which are also shown in the photographs produced by the complainant's counsel during course of arguments.

(d) I am of the view that the applicant has acted with the highhandedness and caused serious injuries to the complainant, as such he is not entitled for any relief at least at this stage.

3. In the light of the above observations, I am of the considered view that no case of extra-ordinary relief of pre-arrest bail has been made out in favour of the applicant, as such the interim pre-arrest bail granted to the applicant through the earlier order is recalled. These are the reasons for my short order dated 07.08.2018 whereby interim order was recalled.

J U D G E