ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-333 of 2021

Date	Order with signature of Judge

Applicants: More Hussain and another, through

Mr. Muhammad Raza Soomro

Advocate

Complainant: in person

State: Through Syed Sardar Ali Shah Rizvi,

DPG

Date of hearing: 27.09.2021

Dated of order: 27.09.2021

O R D E R

Zulfiqar Ali Sangi, J: Through captioned bail application, Applicants/accused More Hussain s/o Allah Wadhayo and Rano @ Muhammad Usman s/o Ali Murad both by caste Sahito, are seeking pre-arrest bail in FIR No.02/2021, registered at Police Station Sadiq Kalhoro, under sections 337-A(iii), 114, 147 and 149 PPC. Their earlier pre-arrest bail plea was declined by the learned Additional Sessions Judge, Gambat, vide order dated 01.06.2021. Hench they approached this court for the same relief by filing present bail application.

2. The allegation against the applicants is that they along with co-accused attacked upon the complainant party and applicant No.1 More Hussain caused lathi blows to complainant on right side of his head while applicant No.2 Rano caused hatchet blows to Hazoor Bux on his face.

3. Learned counsel for the applicants has contended that there are counter cases in between the parties and applicants’ party had also lodged FIR No.03/2021 on 07.04.2021, as such the applicants were malafidely involved in the present case. He next contended that the case has been challaned and two prosecution witnesses have been examined before the trial court, therefore he prayed for confirmation of interim pre-arrest bail already granted to the applicants.

4. Learned DPG has opposed the confirmation of bail and has contended that applicants were nominated in the FIR with specific role of causing injuries to complainant party on their vital parts and medical evidence is in line with the ocular evidence and no malafide has been pointed out by the applicants against the complainant and investigation officer for their false implication, therefore they are not entitled for concession of pre-arrest bail.

5. I have heard the learned counsel for the applicant, Learned DPG and perused the material available on record with their able assistance. Complainant is present and has shown full faith upon DPG.

6. Admittedly the applicants are nominated in the FIR with specific role of causing injuries to complainant party. Accused More is attributed role of causing lathi blows to complainant on his head and applicant Rano is attributed the role of causing hatchet blows to PW Hazoor Bux on his face. As per medical certificate the injuries sustained by the complainant are bailable and there is no allegation against applicant More of causing injury to PW Hazoor Bux. Resultantly, pre-arrest bail granted to applicant More Hussain vide order dated 04.06.2021, is hereby confirmed on the same terms and condition. However, the case of applicant No.2 Rano is distinguishable from the case of applicant No.1 More. Applicant No.2 Rano has caused hatchet blows on the face of PW Hazoor Bux which is vital part of the body and Doctor has opined such injury punishable u/s 337-A(iii) PPC which carries punishment up to 10 years and falls within prohibitory clause of Section 497 Cr.P.C. No malafide has been pointed out against I.O and complainant. Resultantly, this application in respect of applicant No.2 Rano is dismissed and the interim pre-arrest bail granted to him vide order dated 04.06.2021, is hereby recalled.

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

JUDGE

Suleman Khan/PA