ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. B. A. No. S – 553 of 2020

Date of hearing

Order with signature of Judge

 

For hearing of bail application

 

 

Date of hearing & short order : 01.02.2021

Date of reasons:                           22.02.2021

 

Mr. Shahid Hussain Laghari, Advocate for the applicant.

Mr. Ubedullah Malano, Advocate for complainant.

Syed Sardar Ali Shah Rizvi, Deputy Prosecutor General.

 

O  R  D  E  R

Fahim Ahmed Siddiqui, J.   Through the instant application, the applicant is seeking anticipatory bail in a case registered against him at Police Station, Ahmedpur District Khairpur, vide crime No.36/2020, for offence under Sections 337-F(v), 337-A(i), 337-L(2), 147, 148, 149, PPC.

I have heard the arguments advanced and have gone through the relevant record. From whatever uttered before me and perused from the record, I have observed as under:

a)    It is alleged that the applicant, being armed with iron rod, caused injuries on the shoulder and left hand of injured Anees Ahmed which are not vital parts of the body.

b)    Admittedly, there is previous enmity on some plot between the parties and on same motive previously several FIRs have been lodged against each other.

c)    In the instant case, the alleged incident took place on 07.05.2020 and the FIR has been lodged on 18.05.2020 i.e. with the delay of 11 days for which no plausible explanation has been furnished.

In view of above observations, I am confident to hold that the case of anticipatory bail has been made out; hence interim bail, earlier granted to the applicant, is confirmed on same terms and conditions.

            It is further observed that if, after getting bail, the applicant misuses the concession of bail or/and becomes absconder then the trial Court is fully competent to take every action against the applicant and his surety, including cancellation of bail, without making Reference to this Court.

 

 

 

                                                                                        __________________

                                                                                                   J U D G E

 

N.M.