IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Present;

Mr. Justice Amjad Ali Sahito

Cr. Bail Appln. No. S – 466 of 2021

Applicant : Shahzaib Hussain S/o Shahid Hussain, Khokhar

Through Mr. Shafique Ahmed Khan Leghari Advocate

Complainant: Shah Rukh Khokhar present in person

Respondent : The State

Through Mr. Shafi Muhammad Mahar, DPG for the State

Dated of hearing: 23.08.2021

Date of order : 23.08.2021

O R D E R

AMJAD ALI SAHITO, J– Through this bail application, the applicants/accused seek pre-arrest bail in Crime No.109 of 2021 registered at Police Station ‘A’ Section, District Sukkur for offences punishable under Section 506/2, 504, 337‑A(i), 324 and 34 PPC. The bail plea of the applicant/accused has been declined by learned Additional Sessions Judge-V, Sukkur vide order dated 17.07.2021.

2. The details and particulars of the FIR are already available in the bail application and FIR, therefore same could be gathered from the copy of FIR attached with such application, hence need not to reproduce the same hereunder.

3. Learned counsel for the applicant/accused contended that the applicant/accused and the complainant are real brothers, whereas, the complainant due to some misunderstanding has lodged a false FIR; that the applicability of Section 324 PPC could be determined at the time of trial after recording the evidence of the prosecution witnesses, whereas, the remaining Sections do not fall within the prohibitory clause of Section 497 Cr.P.C. It is further contended that on the intervention of the nekmards the complainant and applicant/accused being real brothers have compromised the matter outside the Court.

4. Complainant Shah Rukh who is present in Court affirms the above position with regard to the compromise of the matter with the applicant/accused and raises his no objection, hence in in view of the no objection raised by the complainant, learned DPG for the State also recorded his no objection for grant of bail to the applicant/accused.

5. I have heard the learned counsel for the applicant/accused, learned DPG for the State and complainant, who is present in Court in person. It appears from the record that all the Sections are bailable except Section 506/2 PPC, whereas, the applicability of Section 324 PPC would be determined at the time of trial after recording evidence of the prosecution witnesses. The complainant Shah Rukh has recorded his no objection for grant of bail to the applicant/accused on the ground that they have compromised the matter outside the Court. In view of the above, the instant bail application is allowed and the applicant/accused is admitted to post-arrest bail, subject to furnishing solvent surety in the sum of Rs.50000.00 (Fifty thousand) and PR bond in the like amount to the satisfaction of trial Court.

Judge

ARBROHI