IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-343 of 2021

Applicant: Ghulam Rasool Kalhoro

through Mr. Najmuddin Dharejo,

Advocate.

Complainant: Mushtaque Ahmed,

through Mr. Muhammad Tariq Maitlo, Advocate.

State: through Mr. Syed Sardar Ali Shah ,

Deputy Prosecutor General.

Date of hearing: 06-09-2021

Date of Decision: 06-09-2021

O R D E R

ZULFIQAR ALI SANGI, J.- Through captioned bail application, applicant Ghulam Rasool s/o Mehar @ Mehar Ali Kalhoro, seeks his pre-arrest bail in Crime No.04/2021, registered at Police Station Abdul Rahman Unar, for the offences u/s 337-A(iii), 452, 337-A(i), 337-L(ii) and 34 PPC. Earlier his bail application was declined by the learned IV-Additional Sessions Judge, Khairpur, vide order dated 25.05.2021.

2. As per F.I.R, the allegation against the present applicant is that he caused lathi blow to complainant which hit him on his nose.

3. Learned counsel for the applicant submits that there is delay of one month and one day in registration of F.I.R and the same has not been explained by the complainant; that the I.O has disposed of the case under B-class, however, learned Magistrate has taken the cognizance of the offence; that the medical certificate issued by the doctor was challenged by the applicant and report of medical board is awaited; that the enmity between the parties is admitted in the FIR as such false implication of the applicant cannot be ruled out. Lastly he prayed for confirmation of interim pre-arrest bail granted to the applicant.

4. Learned DPG and learned counsel for the complainant have contended that the police was not registering the FIR and firstly the injured was referred to Civil Hospital Khairpur and after medical certificate the FIR was registered; that there is direct role against the applicant for causing injury on the vital part of the complainant which according to medical certificate is punishable u/s 337-A(iii) PPC which provides punishment up to 10 years and offence falls within the prohibitory clause of section 497 Cr.P.C. They prayed that bail application of the applicant may be dismissed.

5. I have considered the submissions of learned counsel for the parties and have gone through the material available on the record with their able assistance.

6. Admittedly the name of the applicant/accused is mentioned in the F.I.R with specific role of causing injury on the vital part of the body of complainant and version given by the complainant in the FIR was supported by the PWs in their 161 Cr.P.C statements; ocular evidence is supported by the medical evidence; the medical officer opined the injury as Shajjah-e-Hashimah punishable up to 10 years and the delay in registration of F.I.R has been properly explained by the complainant by filing an application against the police and the complainant was first referred to Civil Hospital Khairpur and thereafter FIR was registered. No malafide has been point out by the applicant on the part of complaint for falsely implication.

7. In these circumstances; I am of the considered view that the applicant has failed to make out his case for grant of pre-arrest bail. Accordingly, instant criminal bail application stands dismissed and order dated 07.06.2021 whereby the applicant was granted inter-pre-arrest bail is hereby recalled.

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

JUDGE

Suleman Khan/PA