ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-661of 2021

 

Date

               Order with signature of Judge

           

 

Applicants:                                 Siraj Ahmed and another, through

                                                  Mr.  Nawab Ali Pitsafi, Advocate

 

Complainant:                             Azizullah, through

                                                  Mr. Manzoor Ali Chohan, Advocate

 

State:                                         Through Mr.Khalil Ahmed Maitlo, DPG

 

Date of hearing:                         17.12.2021

Dated of order:                           17.12.2021

                                                 

O R D E R

Zulfiqar Ali Sangi, J:  Applicants/accused Siraj Ahmed s/o Abdul Khalique and Wajid Ali s/o Allah Wadhayo both by cast Kaladi, are seeking pre-arrest bail in FIR No.269/2021, registered at Police Station A-Section Ghotki, under sections 337-F(v), 337-A(i) 337-A(iii), 337-F(i), 147, 148 and 149 PPC. Earlier their pre-arrest bail was declined by the learned 1-Additional Sessions Judge(MCTC) Ghotki, vide orders dated 04.10.2021, hence they approached this court for the same relief.

2.           Heard learned counsel for the parties and perused the material available on record with their able assistance.

 

3.           Record reflects that the bail application of the applicant was rejected only on the ground that the medical certificate is supporting the injuries and medical certificate shows that fracture is seen at nasal bone and the nature of injury was declared as Shujjah-i-Hashimah, while injury attributed to accused Wajid Ali carries punishment up to five years. Today leaned counsel for the applicants has placed on record letter/office order dated 22.11.2021, issued by Special Medical Board wherein it is stated that the medical certificate issued by the SMO/MS Taluka Hospital Kashmore, has been kept in abeyance/ suspended. It is also mentioned in that letter/office order that the medical certificate has lost its legal validity.

4.           In view of these circumstances, the case of further enquiry is made out. Resultantly, the interim pre-arrest bail already granted to the applicants / accused by this court vide order dated 11.10.2021, is hereby confirmed on same terms and conditions.

 

5.           Observations made herein above are tentative in nature and will not cause any prejudice to either party at the trial.

 

6.              Instant Criminal Bail Application is disposed of in the above terms.

 

                                                                             JUDGE

 

 

Suleman Khan/PA