ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. B. A. No. S – 605 of 2020

Date of hearing

Order with signature of Judge

1. For orders on office objection
2. For hearing of bail application

(Notice issued)

Date of hearing & short order : 28.01.2021

Date of reasons: 22.02.2021

Mr. Rab Dino Makwal, Advocate for the applicant.

Mr. Khalil Ahmed Maitlo, 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, Kotdiji, District Khairpur, vide crime No.41/2020, for offence under Sections 324, 337-H(ii), 114, 504, 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 pistol, caused injury on the inner side of left thigh i.e. jurh ghayr-jaifah mutalahimah, which falls under Section 337-F(iii), PPC, and carries punishment of 03 years; as such, does not fall within the prohibitory clause of Section 497 Cr. P. C.

b) Admittedly, matrimonial dispute is going on between the parties.

c) Injury allegedly cause by the applicant is not on the vital part of the body.

d) Bail of all the co-accused persons has been confirmed by the trial Court.

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.