IN THE HIGH COURT OF SINDH, CIRCUIT COURT,LARKANA

Criminal Bail Application No.S-589of 2020

Applicant:                                Fayaz Ali Lakhair and others,

Through Mr. Safdar Ali G. Bhutto, Advocate.

Complainant:                           Abdul Qadir Lakhair  (Absent).

State:                                       Through Mr. Muhammad Noonari,

Deputy Prosecutor General.

Date of hearing:                       07-12-2020

Date of Decision:                      07-12-2020

O R D E R

ZULFIQAR ALI SANGI, J.- Through this bail application, applicants Fayaz Ali Lakhair, Shahid Hussain @ Shah Nawaz Lakhair and Sajan Khan Lakhair, seek pre-arrest bail in case, emanating from F.I.R. No.11/2020, registered at Police Station Nau Goth, District Dadu, for offence under Sections 324,364,511,452,114,337-H(2),147,148,149 P.P.C. Earlier their bail plea was declined by the learned I-Additional Sessions Judge, Dadu, vide order dated 15.10.2020.

2. Facts of the case are mentioned in the F.I.R, copy whereof has been attached with the memo of application, hence no need to reproduce here.

3. Learned counsel for the applicants submits that the applicants are innocent and have falsely been involved in this case; that there is delay of about 37 days in lodging of FIR, which has not been explained by the complainant; that there are general allegations against the applicants and that on similar role co-accused Nazeer, Altaf, Iftikhar alias Waheed have already been granted bail by the learned IV-Additional Sessions Judge, Dadu, vide order dated 07.10.2020, however, bail application of applicants was transferred to the court of I-Additional Sessions Judge, Dadu, who has dismissed the same although the present applicants/accused are entitled to concession of pre-arrest bail on the principle of consistency and equal treatment; that the offence does not fall within the prohibitory clause of Section 497 Cr.P.C. He has therefore prayed for grant of interim pre-arrest bail.

4. On 23.11.2020 A.S.I. Zulifqar Ali of P.S. Nau Goth, Dadu appeared and submitted that complainant is absconder in Crime No.12/2020 of the offence under Sections 302, 114, 148 and 149 P.P.C.

5. On the other hand, learned Deputy Prosecutor General opposed the confirmation of bail stating that the names of applicants are mentioned in the F.I.R. with role that they caused injuries to the complainant party; that ocular evidence is supported by medical evidence; that no malafide on the part of complainant or police has been pointed out by the applicant.

6. I have considered the submissions of learned counsel for the applicants and learned D.P.G. and have gone through the material available on the record and the police file with the assistance of learned Deputy Prosecutor General.

7. A perusal of FIR reveals that there is un-explained inordinate delay of 37 days in its lodgment; the enmity is admitted in the F.I.R; Co-accused Nazeer, Altaf, Iftikhar alias Waheed have already been admitted to pre-arrest bail by the learned Additional Sessions Judge-IV, Dadu and the case of applicants/accused, Fayaz, Shahid Hussain @ Shah Nawaz is identical to the case of co-accused Altaf and Iftikhar @ Waheed and Sajan Khan; therefore, following the rule of consistency as laid down by the Hon’ble Supreme Court of Pakistan in the case of Fida Hussain v. The State(PLD 2002 SC 46), the applicants are entitled for the similar benefit. The offence for which the applicantsare charged, does not fall within the prohibitory clause of Section 497(2) Cr.P.C; the grant of bail in cases covered under the said provision is rule and refusal is an exception. Reliance is placed in cases of Tariq Bashir v. The State (PLD 1995 SC 34) and Muhammad Tanveer V. The State and another (PLD 2017 SC 733).

8. From the tentative assessment of material available on record it appears that applicants have made out their case for grant of pre-arrest bail. Accordingly, instant bail application is allowed and ad-interim pre-arrest bail earlier granted to the applicants vide order dated 13.11.2020 is hereby confirmed on the same terms and conditions.

9. The observations made hereinabove are tentative in nature only for the purpose of deciding the instant bail application, which shall not, in any manner, influence the learned Trial Court at the time of final decision of the subject case.

J U D G E

Abdul Salam/P.A