IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

CR. Bail Application No. S-482 of 2021

 

Applicants                 :           Shafi Muhammad and 7 others,

through Mr. Parvez Ali Siyal, advocate

 

            Respondent               :           The State, through Khalil Ahmed Maitlo  

D.P.G.

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Date of hearing         :           13.08.2021

Date of Order            :           13.08.2021

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                                                            O R D E R

             

ZAFAR AHMED RAJPUT, J.-       After rejection of their two earlier criminal bail applications in Sessions Case No. 72 of 2020 by the learned Additional Sessions Judge, Gambat vide orders dated 25.05.2021 and 30.07.2021, applicants/accused, namely, (1) Shafi Muhammad (2) Ayaz (3) Roshan (4) Zameer, all sons of Mour (5) Hussain @ Hasan s/o Yar Muhammad (6)  Himat s/o Piyaral (7) Shahid s/o Himat and (8) Shaman s/o Muhib through  instant criminal bail application seek post-arrest bail in Crime No. 5 of 2020, registered at P.S Khuhra under sections 365-B, 511, 337-A(i), 337-A(ii), 337-A(iii), 337-L(ii), 337-H(ii), 148 and 149, P.P.C.

 

2.         It is alleged that on 09.01.2020, at about 0800 hours, the applicants, along with other co-accused, duly armed with hatchets and sticks, having formed an unlawful assembly and in prosecution of their common object of such an unlawful assembly, attempted to abduct Mst. Reema Khatoon to compel her for marriage and on resistance they caused  injuries to complainant, PWs Zulfiquar Ali, Mehboob Ali, Shakeel Ahmed, Waqar and Akram Ali  by causing hatchet and stick blows on their person, for which, they were booked in the instant case. As per F.I.R., the motive behind the alleged incident was contracting of love marriage by Mst. Asiha d/o Shahmir @ Shaman Kalhoro with Wakeel Ahmed, the maternal nephew of the complainant, whereupon accused were annoyed.    

3.         Heard the learned counsel for the parties and perused the material available on record.

 

4.         The applicants are behind the bar since 22.04.2021. As per F.I.R. applicant Shafi Muhammad inflicted stick blows to complainant on his arm; applicant Ayaz inflicted stick blows to PW Zulfiquar Ali on his head and applicant Hussain on his other parts of bodies; applicant Himat caused stick blows to PW Mehboob Ali on his head and applicant Shahid on his person; applicant Zameer caused hatchet blows to PW Shakeel Ahmed on his head; applicant Roshan caused stick blows to PW Waqar on his head; applicant Shaman caused stick blows to PW Akram Ali. The injuries sustained by the injured PWs, except inured Mehboob Ali, have been declared by the Medico-Legal Officer as “Shajjah-i-mudihah” and “Ghayr-jaifah hashima” which are liable to Qisas and daman and punishable for imprisonment up to five years as ta’zir, under sections 337-A(i) and 337-F (v), P.P.C., respectively, which do not fall within prohibitory clause of section 497, Cr.P.C. So far commission of offence under section 365-B, P.P.C. by the applicants is concerned, it is alleged in F.I.R. that applicants Shafi Muhammad and Hussain caught hold Mst. Reema of her arm and tried to abduct her; however, it is an admitted position that PW Mst. Reema in her statement recorded by the trial Court after framing of charge has categorically denied any such attempt of her abduction by the accused persons. Hence, it is yet to be seen by the trial Court if there is any application of alleged offence in this case. Under the circumstances, I have found the case against the applicants (1) Shafi Muhammad (2) Ayaz (3) Roshan (4) Zameer, all sons of Mour (5) Hussain @ Hasan s/o Yar Muhammad (6) Shahid s/o Himat and (7) Shaman s/o Muhib one of further inquiry into their guilt, as envisaged under subsection (2) of Section 497 Cr. P.C. Accordingly, instant criminal bail application to the extent of above-named seven applicants is allowed. They shall be released on bail subject to furnishing solvent surety in the sum of Rs. 50,000/= each and PR Bond in like amount before the trial Court

 

5.         So far, the application for the grant of bail to applicant Himat is concerned, it appears that the injury attributed to said applicant, caused to PW Mehboob Ali, has been declared as “Shajjah-i-hashimah” which is liable to arsh and punishable for imprisonment up to ten years as ta’zir, under section          337-A(iii), P.P.C. and the same falls within the prohibitory clause of section 497, Cr.P.C. hence, bail application to the extent of applicant Himat is dismissed.

 

6.         Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the trial Court while deciding the case of the applicant on merits. In case applicants try to misuse the concession of bail in any manner, it would be open for the trial Court to cancel their bail after issuing them the requisite notice. 

 

7.         Above are the reasons of my short order dated 13.08.2021

 

JUDGE