IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-01 of 2002

Crl. Bail Application No.S-806 of 2021

Date of hearing

Order with signature of Judge

1. For Orders on office objection.

2. For hearing of bail application.

O R D E R.

20-01-2022.

Mr. Amanullah G.Malik, advocate for the applicants.

Mr. Shafique Ahmed Leghari, advocate for complainant.

Mr. Shafi Muhammad Mahar, DPG for the State.

AMJAD ALI SAHITO J., By this single order I indent to dispose of above mentioned Crl. Bail Applications. Through Crl. Bail Application No.01/2022, applicants/accused Muzzamil Shah and Iqrar Shah seek post arrest bail, while through Crl. Bail Application No.S-806/2021 applicants/accused Pervaiz Ali Shah, Mehboob Ali Shah, Ibrar Ahmed, Allah Rakhiyo @ Yahya Khan, Hamid Shah @ Haji Shah, Sarfraz Shah, Azhar Shah and Abbas Shah @ Abbas Hussain Shah seek pre-arrest bail in Crime No. 80 of 2021 registered at police Station Sangi, District Sukkur. Prior to this their pre-arrest as well as post arrest bail applications were turned down by learned IInd Additional Sessions Judge Sukkur vide order dated 06-12-2021 and 10-12-2021 respectively.

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

3. Learned counsel for applicants submits that applicants are innocent and have falsely been implicated in this case by the complainant with mala fide intentions and ulterior motives; that there are general allegations against all the accused persons; that there is inordinate delay of about 24 days in lodging the FIR and such delay has not been explained; that both the parties are co-villagers who have matrimonial dispute against each other; that injuries attributed to the applicants/accused are on non-vital parts of body of complainant, which requires evidence; all the sections does not fall within the prohibitory clause of section 497 Cr.P.C; that case has been challaned and applicants are no more required for further investigation, therefore, he pray for grant of bail to applicants/accused Muzzamil Shah and Iqrar Shah seek confirmation of interim pre-arrest bail for applicants/accused Pervaiz Ali Shah, Mehboob Ali Shah, Ibrar Ahmed, Allah Rakhiyo @ Yahya Khan, Hamid Shah @ Haji Shah, Sarfraz Shah, Azhar Shah and Abbas Shah @ Abbas Hussain Shah. He placed his reliance on cases reported as 2005 MLD 1267 Karachi, PLD 2017 (Sc) 730, 2020 SCMR 1687, 2011 P.Cr.L.J 445 and 2020 SCMR 717.

4. On the other hand, learned DPG for the State assisted by learned counsel for the complainant have vehemently opposed for the grant and confirmation of bail to the applicants/accused on the ground that they armed with deadly weapons share their common intention and caused injuries to complainant with intention to commit his murder, therefore they are is not entitled for any concession.

5. I have heard learned counsel for the parties and have gone through the material available on record.

6. Perusal of FIR reveals that all the accused persons duly armed with deadly weapons i.e iron rods, lahtis and pistols came at the Medical & General Store of complainant situated at Sangi City and caused iron rod and lathis blows to the complainant. As per provisional medical certificate, the complainant has received in all received 15 injuries on different parts of his body at the hands of accused. It reveals that applicant/accused Muzammil Shah armed with pistol robbed cash Rs. 50,000/- and pistol along its licensee from the counter’s drawer of medical store of the complainant. During investigation, the investigating officer has recorded the 161 Cr.P.C statements of PWs, who have fully supported the version of the complainant.

7. The ocular evidence finds support fro the medical evidence. So for delay in lodging of the FIR is concerned, the same has plausibly been explained by the complainant that after the incident, PWs brought the complainant at PS Sangi, after obtaining letter he was referred to Taluka Hospital Pano Akil where he was admitted and after treatment from CMH and obtaining MLC, he appeared at police station and lodged the above said FIR. Sufficient material is available on record to connect the applicants/accused with the commission of offence. At bail stage only tentative assessment is to be considered and deeper appreciation of evidence is not warranted by law. Nothing has been brought on the record to shown any ill-will or malafide on the part of the complainant or IO of the case, which requirement for grant of pre-arrest bail. In this regard, I am fortified with the case law of Hon'ble Supreme Court of Pakistan [2019 SCMR 1129] wherein the Hon'ble Supreme Court of Pakistan has held as under:-

''Grant of pre-arrest bail is an extra ordinary remedy in criminal jurisdiction; it is diversion of usual course of law, arrest in cognizable cases; a protection to the innocent being hounded on trump up charges through abuse of process of law, therefore a petitioner seeking judicial protection is required to reasonably demonstrate that intended arrest is calculated to humiliate him with taints of mala fide; it is not a substitute for post arrest bail in every run of the mill criminal case as it seriously hampers the course of investigation----the principles of judicial protection are being faithfully adhered to till date, therefore, grant of pre-arrest bail essentially requires considerations of malafide, ulterior motive or abuse of process of law."

8. It seems that the applicants/accused are involved in the heinous offence of robbery, issuing threats of dire consequences and causing injuries to the complainant with intention to commit his murder and their case scarily flaws within the prohibitory clause of section 497 Cr.P.C. According to provisional medical certificate of injured complainant issued by the medical officer, the injuries No. 1, 2 & 5 have been declared as 337F(v), injuries Nos. 6, 8, 13, 14, & 15 declared u/s 337L(ii), injuries No.9, 10, 11 & 12 declared as 337A(i), injury No. 7 declared as 337F(vi) while the injures No.3 & 4 declared u/s 337F(i).

9. In view of above discussion, learned counsel for the applicants/accused has failed to make out a good case for grant as well as confirmation of bail in the light of sub section (2) of Section 497 CrPC, therefore, the applicants/accused are not entitled for any concession, hence Crl. Post Arrest-Bail Application No.01/2022 filed by applicants/accused Muzzamil Shah and Iqrar Shah is dismissed, while Crl. Pre-Arrest Bail Application No.S-806/2021 filed by applicants/accused Pervaiz Ali Shah, Mehboob Ali Shah, Ibrar Ahmed, Allah Rakhiyo @ Yahya Khan, Hamid Shah @ Haji Shah, Sarfraz Shah, Azhar Shah and Abbas Shah @ Abbas Hussain Shah is rejected and interim bail already granted to them vide order dated 15-12-2021 is hereby recalled.

10. Needless, to mention that the observations made herein above are tentative in nature and would not prejudice the case of either party at trial. Office is direction to place a signed copy of this Order in captioned connected matter.

J U D G E

Nasim/P.A