IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 931 of 2018

Khalid and another…….……....………………...…………………..Applicants

Versus

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

Date of Hearing & Order : 17.08.2018

Mr. Muhammad Habib, advocate for Applicants

Mr. Zahoor Ahmed Shah, DPG for State.

O R D E R

FAHIM AHMED SIDDIQUI, J: This order will dispose of instant bail application moved on behalf of two applicants namely Khalid and Razzaq for their release on bail during pendency of trial. They are involved in a criminal case registered against them by lodging FIR No. 155/18 at PS Kalri, Karachi under Section 337-F(vi), 504, 34 PPC.

I have heard the arguments advanced and perused the relevant record. Through whatever said and placed before me, I have observed as under :-

a) The allegation against the applicants is that they are doing same business as the complainant and they used to restrain the complainant from supplying bakery items in the area where the applicants are supplying the same items.

b) It is alleged that on the day of incident, applicants alongwith co-accused again restrained the complainant and caused kicks and fists blows and also used club due to which he received injuries.

c) As per final report, the complainant sustained injuries as Shujja-e-Khafifa and Gair Jaifah Munaqila.

d) The incident is alleged to have taken place due to business rivalry in which the complainant received injuries.

e) As per police file and final report, the crime weapon i.e., club (danda) has been recovered.

f) The incident is said to be taken place near Bakery of complainant where the applicants approached duly armed with clubs.

g) The punishment attracts to said offence is 07 years which is non-bailable but does not fall within the prohibitory clause.

h) The applicants are behind the bar since their arrest and co-accused Aitezaz Hasan has been granted bail by trial Court on the ground that he is a juvenile.

i) As the crime weapon has been recovered and there is no chance of tempering with the prosecution evidence as complainant himself is victim and star witness of the case hence there will be no fruitful purpose to keep the applicants behind the bars.

In view of above observations, it is my tentative opinion that the applicants are entitled for bail, therefore, instant bail application is granted and the applicants are admitted to bail in the sum of Rs.100,000/- each with PR bond in the like amount to the entire satisfaction of trial Court. However, if the applicants misuse the concession of bail or fail to appear before trial Court, then trial Court is empowered to take every action against the applicants as well as their surety including cancellation of bail without making reference to this Court.

I would like to make it clear that above observations are tentative in nature and have been made only for deciding instant bail application and same would have no effect or impact upon the case of either party during trial.

J U D G E