ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail App. No. S – 383 of 2019

Date of hearing

Order with signature of Judge

For hearing of bail application

(Notice issued)

19.08.2019

Mr. Sundar Khan Chachar, Advocate for the applicant / accused.

Mr. Abdul Rehman Kolachi, Deputy Prosecutor General.

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Applicant / accused Muhammad Bux seeks pre-arrest bail in Crime No.104/2018 registered against him and others at Police Station Wasti Jeewan Shah, District Ghotki for offences under Sections 324, 337-A(i), 337-F(i), 147, 148, 149, 504, PPC. Previously, applicant / accused applied for pre-arrest bail before learned Additional Sessions Judge, Ubauro. The same was refused to him vide order dated 29.11.2018, however, co-accused namely Muhammad Ameen, Arbelo and Shahzado alias Shah Ali were granted concession of the pre-arrest bail. Thereafter, applicant has approached this Court.

2. Learned advocate for the applicant / accused mainly contended that injury No.1 is attributed to the applicant / accused, was on the lower part of the body and it has been declared as jurh ghayr-jaifah damihah and its punishment is only one year. It is further contended that there is old dispute between the parties over the matrimonial affairs. That there was also twenty-four (24) hours delay in lodging of the FIR. Counsel for the applicant / accused has alleged serious mala fide on the part of the complainant and police. Lastly, it is submitted that applicant / accused, after grant of interim pre-arrest bail, has joined the investigation and challan has already been submitted before the competent Court of law.

3. Mr. Abdul Rehman Kolachi, DPG recorded no objection for confirmation of bail to applicant / accused.

4. I am inclined to confirm the interim pre-arrest bail already granted to the applicant / accused for the reasons that co-accused Muhammad Ameen, Arbelo and Shahzado alias Shah Ali have already been extended concession of the pre-arrest bail by the trial Court vide order dated 29.11.2018 more or less on similar circumstances. Injury attributed to the applicant / accused is on lower part of the body of the injured and it has been declared by the Medical Officer as jurh ghayr-jaifah damihah. Learned DPG submits that the applicant / accused, after grant of interim pre-arrest bail, has joined the investigation. In the FIR, it is mentioned that there is dispute between the parties over the matrimonial affairs and prosecution yet has also to explain at trial the delay in lodging of the FIR.

5. In the view of above, a case for grant of pre-arrest bail to applicant / accused is made out. Resultantly, interim pre-arrest bail already granted to the applicant / accused is hereby confirmed on the same terms and conditions.

6. Criminal Bail Application stands disposed of in the above terms.

J U D G E

Abdul Basit