IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail application No.S- 525 of 2019

Date	Order with the signature of Judge

                             For the hearing of the main case.

13-01-2020

Mr. Anwar Ali Lohar, Advocate for Applicant

Mr. Khalil Ahmed Maitlo, DPG.

          -.-.-.-.-.-.-.-.-.-.

O R D E R

Zulfiqar Ali Sangi,J:           Through instant bail application, applicant Asif Ali @ Ghazi seeks pre-arrest bail in Crime No. 30/2019 registered at Police Station, Jarwar district, Ghotki for offence under Sections 337A(ii), 337F(i), 504, PPC. Earlier his bail application was declined by learned II-Additonal Sessions Judge Mirpur Mathelo vide order dated 7.9.2019.

2.      The facts in brief necessary for disposal of instant bail application are that on 1.8.2019 at 07:30 hours the applicant along with co-accused Ghulam Hussain , Ulfat and Qasim Khan @ Razi armed with lathis came near the house of complainant Mai Sakeena. The applicant Asif has caused lathi blow on the head of the injured Akhtiar while accused Ghulam Hussain caused lathi blow on his back.

The Complainant party raised cries thereafter accused persons ran away therefore, they have been booked in aforesaid crime.

3.      Learned Counsel for applicant contends that the applicant has falsely been involved in this case by the complainant with ulterior motives. There is unexplained delay of about 04 days in registration of FIR for which no plausible explanation has been furnished by the favour of the injured has been suspended by medical board vide letter dated 08.11.2019. He further submits that though allegation against present applicant is of causing lathi injuries to injured Akhtiar Ali but on the contrary the injury shown in MLC is of sharp cutting weapon.  Learned Counsel further submits that offence does not fall within the Prohibitory clause section 497(2), Cr.P.C . By stating so, he prayed for confirmation of bail.

4.      Learned Deputy Prosecutor General appearing for the State conceded for confirmation of bail in view of the above fact.

5. Heard arguments of learned Counsel for the parties and perused the record. Admittedly, the incident has taken place on 1.8.2019 0730 hours however, the report was lodged on 5.8.2019 at 1815 hours after 04 days of the incident but no plausible explanation for such delay in FIR has been explained by the complainant. It is observed that other male members were available in the house but one lady has got registered FIR only in order to take sympathy in registration of FIR. Furthermore, the medical certificate issued in favour of injured has been suspended by the Medical Board vide Letter No. 5068 dated 8.11.2019, such letter has been placed on record by the learned Counsel for applicant. The offence for which the applicant is charged is punishable up to five years which does not fall within the prohibitory clause of Section 497 (2), Cr.P.C. The bail in such cases is rule and refusal is an exception. The applicant is regularly attending this Court as well as learned trial Court and there is no allegation of misusing the concession of bail against him.

6.      Accordingly, instant bail application is allowed and interim pre-bail already granted to applicant Asif Ali alias Ghazi vide order dated 07.10.2019 confirmed on same terms and conditions.

          Bail applications stands disposed of.

JUDGE