ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Applications No.S-140 & S-152 of 2022

Date	Order with signature of Judge

Applicants in Criminal Bail Ghulam Qadir and Ghulam Sarwar,

Application No.S-140 of 2022 through Mr. Fayyazuddin Rajpar,

& for Complainant in Cr. Bail Advocate

Application No.S-152 of 2022:

Applicants in Criminal Bail Ali Bux and Ali Gul through

Application No.S-152 of 2022 Mr. Zulfiqar Ali Panhwar, advocate

& for Complainant in Cr. Bail

Application No.S-140 of 2022:

Respondents in both The State, Shafi Muhammad Mahar,

Bail Applications: D.P.G.

Date of hearing: 20.06.2022

Dated of order: 20.06.2022

O R D E R

ZAFAR AHMED RAJPUT, J: By this common order, I intend to dispose of aforementioned both Criminal Bail Applications as the same being arisen out of same incident have been heard by me together.

2. Through Cr. Bail Application No.S-140 of 2022, applicants/ accused Ghulam Qadir and Ghulam Sawar, both sons of Yameen Mashori, seek pre-arrest bail in Crime No.10 of 2022, registered at P.S. Mithani, Naushahro Feroze under sections 324, 114, 506/2, 504, 337-H (ii), 34 P.P.C., while By means of Criminal Bail Application No.S-152 of 2022, applicants/accused Ali Bux and Ali Gul, both sons of Imam Bux, seek pre-arrest bail in Crime No.11 of 2022, registered at said P.S. under sections 337-H (ii), 337-F(i) & (iii), 504, 34 PPC. Their earlier applications for grant of same relief bearing No.284 & 289 of 2022, respectively, were heard and dismissed by the learned Additional Sessions Judge-III, Naushahro Feroze, vide orders, dated 22.03.2022. The applicants were admitted to interim pre-arrest bail by this Court vide orders, dated 28.03.2022 and 06.04.2022, respectively, now the matters are fixed for confirmation of their interim bail or otherwise.

3. Allegation against the applicants Ghulam Qadir and Ghulam Sarwar in Criminal Bail Application No.S-140 of 2022 is that, on 08.02.2022, on the instigation of co-accused Ghulam Rasool Mashori, they caused firearm injuries to injured Asghar Ali, the brother of the complainant, on his chest at left side and on right arm, respectively, for that they were booked in Crime No.10 of 2022. While allegation against applicants Ali Bux and Ali Gul in Criminal Bail Application No.S-152 of 2022 is that they, respectively, caused pistol butt blow and dragger blow on the chest and abdomen of injured Ghulam Sarwar, the father of complainant, for that they were booked in Crime No.11 of 2022.

4. Heard the learned counsel for the parties as well as learned D.P.G. and perused the material available on record with their assistance.

5. It is an admitted position that the persons from both sides have received injuries and cross-version F.I.Rs have been recorded in the alleged incident. It is yet to be determined at trial which of the party was aggressor. It is also an admitted position that the alleged injuries are not on the vital part of the said injured/P.Ws., namely, Asghar Ali and Ghulam Sarwar; hence, it is yet to be determined at the trial if the applicants had any intention to cause their murder, thus, it cannot be said with certainty that the applicants had intention to commit murder of said injured, as such, the question of applicability of section 324, P.P.C. to the case needs serious consideration at the trial stage. MLO has declared the injuries caused to alleged injured Ali as Ghayr-Jaifah Mutalahimah, which is punishable under section 337-F(iii), P.P.C. with imprisonment of either description for a term which may extend to three years as ta'zir, which, which does not fall within prohibitory clause of section 497, Cr.P.C. Ordinarily, in such cases, the bail is to be granted as a rule. The present case does not fall within the exception laid down by the Honourable Supreme Court of Pakistan in the case of Tariq Bashir vs. The State (PLD 1995 SC 34). The prosecution has submitted the Challan against the applicants; therefore, their custody is not required by the police for further investigation. Accordingly, interim bail granted to applicants vide orders, dated 28.03.2022 & 06.04.2022, are hereby confirmed on the same terms and conditions, by allowed both the listed applications.

6. Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the trial Court while deciding the case of the applicants on merits. However, in case the applicant(s) misuses the concession of bail in any manner, the trial Court shall be at liberty to cancel the same after giving him notice, in accordance with law

Both the listed Cr. Bail Applications stand disposed of.

JUDGE

Faisal Mumtaz/PS