ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-501 of 2021

Date	Order with signature of Judge

Applicants: Qurban and another, through

Mr. Riaz Hussain Khaskheli,

Advocate

Complainant: Nemo

State: Through Mr.Khalil Ahmed Maitlo, DPG

Date of hearing: 27.08.2021

Dated of order: 27.08.2021

O R D E R

Zulfiqar Ali Sangi, J: Applicants/accused Qurban Ali s/o of Hussain Bux and Jaffar s/o Qurban Ali , are seeking pre-arrest bail in FIR No.05/2021, registered at Police Station Mehmood Channo, under sections 337-A(ii), 337-F(ii), 147, 148 and 149 PPC. Earlier their same plea was declined by the learned Additional Sessions Judge, Gambat, vide order dated 09.06.2021.

2. As per FIR, the allegations against the applicants is that applicant Qurban Ali caused hatchet blow from back side to Abdul Ghani on his left leg, back and other parts of the body and applicant Jaffar caused lathi blow to him on his head while accused Sudheer and chakar also caused him lathi blows.

3. Learned counsel for the applicants contended that there is delay of four days in registration of the FIR, which has not been properly explained by the complainant. He next contended that the offence does not fall within prohibitory clause of section 497 Cr.P.C and the applicants have been implicated with malafide intention. He further contended that co-accused Muhammad Saleh has already been granted bail on the same ground by learned Judicial Magistrate Sobodero and case of present applicants is on the same footings, therefore they are also entitled for confirmation of interim pre-arrest bail already granted to them.

4. Learned Deputy Prosecutor General conceded for confirmation of pre-arrest bail in view of the facts that the injuries alleged against the present applicants are punishable up to two years and are bailable.

5. I have heard the learned counsel for the parties and perused the material available on record with their able assistance.

6. In view of the above submissions made by learned counsel for the parties, I am of the view that the applicants have made out the case for confirmation of pre-arrest bail. Accordingly, the interim pre-arrest bail already granted to the applicants / accused by this court vide order dated 13.08.2021, is hereby confirmed on same terms and conditions.

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

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

JUDGE

Suleman Khan/PA