IN THE HIGH COURT OF SINDH, KARACHI

 

 

Crl. Bail Appln. No. S – 1068 of 2018

 

Haider Zaman……..………………………………………Applicant

 

Versus

 

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

 

Date of hearing & Short Order :    26.09.2018

 

Malik Khushhal Khan, advocate for applicant

Mr. M. B. Shakeel, advocate for complainant

Mr. Sagheer  Abbasi, APG for State

 

O R D E R

           

Fahim Ahmed Siddiqui, J: The applicant above named succeeded in getting interim pre-arrest bail vide Order date 06-08-2018 in a case initiated out of FIR No. 264/2018 u/s 147, 148, 504, 506, 337-A (1) PPC at PS Boat Basin.

2.                            I have heard the arguments advanced from either side and perused record produced before me. After edifying myself from the arguments advanced and perusal of record, I have observed as under:

(a)             The applicant is the employ of K-electric and the allegation against him is that he along with his subordinates came to the house of the complainant and abruptly disconnected the electricity. At that time the aged father of complainant was exercising on treadmill and due to federal stoppage of treadmill, his father fallen down and receive fewer injuries.

(b)             It is alleged by the complainant that the power was disconnected on the charge of non-payment of electricity dues but the fact is that the dues were paid and in spite of payment of dues, the electricity was disconnected.

(c)             It is alleged that the father of the complainant is more than 70 years old and at the time of disconnection, he was exercising on a treadmill. The fact requires evidence besides it is the precautions of using treadmill that the children and people of extreme old age should not use the same without an attendant.

(d)             The contention of the applicant that he had paid electricity bill requires further probe as the date of payment of the bill and the date of incident are the same; in such a situation the contention of the applicant that the bill was paid after the incident requires consideration.

(e)             Another aspect is important, which pertains to criminal intent and from the peculiar circumstances of the case it appears that there was no criminal intention of the applicant to cause injuries to the father of complainant, as such it is for the prosecution to establish that there was a mens rea on the part of the applicant, which requires evidence.

3.                            In the above circumstances, I am of the view that a case of pre-arrest bail has been made out, as such the applicant is entitled for relief claimed by him.

4.                           In the light of the above observations, the pre-arrest bail granted to the applicant is confirmed on the same terms and condition.

 

J U D G E