ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 418 of 2020.

Date of hearing

Order with signature of Judge

18.01.2021.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Shahbaz Ali Brohi, Advocate for applicants.

            Mr. Shakeel Ahmed G. Ansari, Advocate for complainant.

            Mr. Muhammad Noonari, Deputy Prosecutor General.

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ZULFIQAR ALI SANGI, J.    Through this application, Applicants Shahban, Ghulam Shabir, Noor Muhammad alias Noor Ahmed alias Nooro, Muhammad Ali and Ramzan have sought for grant of pre-arrest bail in F.I.R No.37/2020 registered with P.S Naperkot (District Shikarpur), for offences punishable under Section 324, 337-F (i), 337-F (iii), 337-H (2), 114, 504, 506 (2), 147, 148 & 149 P.P.C. Their similar prayer was declined by learned Sessions Judge, Shikarpur, vide Order dated 28.7.2020. The applicants were admitted to interim pre arrest bail by this Court on 18.8.2020.

            The facts of prosecution case are mentioned in the F.I.R, copy whereof is attached with this bail application, therefore, the same are not to be reproduced herein the order.

            Learned counsel for the applicant mainly contended that, F.I.R is delayed for three days; that the parties are on disputed terms with each other; that Section 324 P.P.C is not applicable in this case as none of the accused is alleged to have repeated the injuries and that the injuries are non-vital part of the body and these injuries do not fall within prohibitory clause of Section 497 Cr.P.C. It is further contended by the learned counsel that after thorough investigation the case was recommended for its disposal under cancelled class, but learned concerned Magistrate did not concur his opinion with police report and taken cognizance of the matter. Learned counsel submits that in view of above circumstances, case of applicants fall within ambit of further enquiry entitling applicant for grant of bail. Learned counsel relied upon case of Master Dur Muhammad and 2 others v. The State reported in 1994 P.Cr.L.J 1769 (Karachi).

            Learned D.P.G. duly assisted by the Advocate for complainant contended that applicants are nominated in the F.I.R with the specific role of causing injuries to the complainant party. They further contended that ocular evidence is supported by medical evidence and all the witnesses supported the version of complainant. They prayed that the bail of the applicants may not be confirmed.

            Heard arguments of learned counsel of the parties and have gone through the material available on record.

            It is observed that all the injured were examined by the doctor who issued medical certificates in respect of the injuries sustained by the injured victims. It is an admitted fact that all the injuries as declared by the doctor are punishable upto five years and the same do not fall within prohibitory clause of Section 497 Cr.P.C. The enmity is admitted by the complainant in the F.I.R and the same is double-edged weapon which cuts both the sides. The F.I.R was registered with the delay of three days and in the F.I.R the complainant stated that after the consultation with his elders he registered the F.I.R, this fact alone is sufficient to bring the case within the ambit of Section 497 (2) Cr.P.C. Deeper appreciation of evidence is not permissible under the law while deciding the bail matters and tentative assessment is required to be made. From tentative assessment of material available on record as discussed above the applicants have made out their case for confirmation of interim pre-arrest bail. resultantly, the bail application is allowed and the interim pre arrest bail already granted to the applicants vide order dated 18.8.2020 is hereby confirmed on same terms and conditions.

                                                Judge

Ansari