ORDER SHEET
IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANO
Cr. Bail Application No. S- 79 of 2022
Applicant(s): Gul Bahar son of Rajib Ali Kalo, through Mr. Faiz Muhammad Larik, advocate.
The State: Through Mr. Ali Anwar Kandhro, Additional Prosecutor General.
Complainant: Nawab Ali in person and submits that he has no means to engage counsel on his behalf and shows his trust upon prosecutor.
Date of hearing: 15.04.2022
Date of order: 15.04.2022
ORDER
Muhammad Saleem Jessar-J. Through this bail application, the applicant Gul Bahar Kalo, seeks his admission on pre-arrest bail in crime No.28/2021, registered at Police Station Fatehpur, for offence under sections 337-A(ii), A(i), F(i), 504 and 34, PPC.
2. The facts of the case are mentioned in FIR, copy whereof has been attached with the memo of bail application, hence need not to be reproduced here again.
3. Learned counsel submits that FIR is delayed for about nine days and the role attributed to the applicant is that he at the time of incident allegedly was having pistol in his hand and had facilitated the co-accused Mehmood, who caused danda blows to injured PW Sahib Ali. He further submits that said co-accused Mehmood Ali has been granted post arrest bail by the trial court on 12.1.2022 (annexure-D page-37 of the court file) and submits that applicant may be granted pre arrest bail.
4. Learned Additional Prosecutor General for the State does not oppose the bail application on the ground that co-accused Mehmood against whom role of causing 'danda' blows to injured PW Sahib Ali was assigned, has been bailed out by the trial court, as such, law of parity applies in this case. Besides, the punishment provided by the law for offence under section 337-A(ii), PPC is five years, while rest of the sections are bailable.
5. The complainant present in person opposes the bail application and submits that applicant is son of his sister and makes quarrel with him over landed property therefore, he may be taken into custody. The complainant however admits that co-accused Mehmood caused danda blows to PW Sahib Ali has been bailed out by the trial court and he further submits that case before the trial court is fixed on 25.4.2022.
6. Heard arguments of learned counsel for the applicant as well learned APG and perused the record.
7. Admittedly, incident is said to have taken place on 8.12.2021 whereas; FIR was lodged on 16.12.2021 with delay of nine days though distance between police station and place of incident is only two kilometers and no plausible explanation has been furnished by the prosecution for such an inordinate delay. The role attributed to applicant is that he allegedly was having pistol in his hand and while pointing the pistol he had facilitated the co-accused Mehmood, who caused danda blows to injured PW Sahib Ali, which landed at his head as well as other parts of the body. The injury allegedly sustained by injured PW Sahib Ali has been declared by the Medico- Legal Officer as 'Shujah-e-Mudiha', punishable under section 337-A(ii), PPC. The co-accused, against whom specific role of causing injury to injured was assigned, has been granted post arrest bail by the trial court vide order dated 12.1.2022. No specific role or any overt act is assigned to present applicant. Since the offence, with which the applicant has been charged does not exceed limits of prohibitory clause of section 497 Cr.PC, the case of applicant is on better footings than that of co-accused Mehmood who has been bailed out by the trial court. In the circumstances and in view of dicta laid down by the Hon'ble Apex Court in the cases of Muhammad Ramzan v. Zafar ullah and another (1986 SCMR 1380) and in the case of Muhammad Tanvweer v. The State and another (PLD 2017 Supreme Court 733), the case against applicant requires further enquiry. Moreover, the case has been challaned, the applicant after furnishing surety before this court has joined the trial proceedings. Consequently instant bail application is allowed. The interim bail granted to applicant on 22.2.2022 is hereby confirmed on same terms and conditions.
8. The observations made herein above are tentative in nature only for the purpose of deciding instant bail application, which shall not, in any manner, prejudice the case of either party before the trial court.
9. The trial court is hereby directed to expedite the trial and conclude it within shortest possible time under intimation to this court. A copy of order be communicated to trial court through learned Sessions Judge, Larkana over fax today, for compliance.
JUDGE
S.Ashfaq/-