IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-82 of 2022

 

 

 

Applicant:                                  Muhammad Nawaz, through

                                                  Mr. Ghulam Hussain Malik, Advocate

                                                 

 

Cr. Bail Application No.S-85 of 2022           

 

 

Applicant:                                  Faiz Muhammad, through

                                                  Mr. Nizamuddin Soomro, Advocate

 

Complainant:                             Nemo

 

 

State:                                         Through Syed Sardar Ali Shah,

                                                  Additional Prosecutor General

 

Date of hearing:                         21.03.2022

 

Dated of order:                           21.03.2022

                                                 

O R D E R

 

Zulfiqar Ali Sangi, J:   By this common order I intend to dispose of captioned two bail applications arising out of same Crime, filed by applicant Muhammad Nawaz son of Muhammad Hashim by caste Bhutto (Cr.B.A.No.S-82/2022) and applicant Faiz Muhammad son of Haji Manjhi by caste Bhutto  (Cr.B.A.No.S-85/2022), who are seeking their pre-arrest bail in Crime No.07/2022, registered at Police Station Reti, District Ghotki for the offences u/s  337-F(v), 337-A(ii), 377-L(ii) and 504 PPC. Their earlier bail plea was declined by the learned Additional Sessions Judge/MCTC Ubauro, vide order dated 14.02.2022.

2.                The allegations against the applicants/accused is that they attacked upon the complainant party and accused Faiz Muhammad caused soti blow to PW Mukhtiar Ahmed at his head whereas accused Muhammad Nawaz caused soti blow to Niaz Ahmed at his right arm while accused Kouro caused soti blow to PW Rafique Ahmed at his head.  

3.                Learned counsel for the applicant Muhammad Nawaz has contended that there is delay of about 09 days in lodging of FIR which has not been explained as such registration of FIR after consultation and deliberation cannot be ruled out; all the witnesses are closed relatives of the complainant and interested; that the offence does not fall within prohibitory clause of section 497 Cr.P.C and co-accused Kouro, Rais Muhammad Ameen, Asghar  and Umer have already been granted pre-arrest bail by the learned Additional Sessions Judge Ubauro, therefore on the rule of consistency present applicants are also entitled for concession of bail.

4.                Learned counsel for the applicant Faiz Muhammad adopted the arguments advanced by learned counsel for applicant Muhammad Nawaz and prayed for confirmation of interim pre-arrest bail already granted to the applicant.

5.                Learned Additional Prosecutor General has conceded for confirmation of bail on the ground that the offence for which the applicants are involved is punishable up to five years and does not fall within prohibitory clause of section 497 Cr.P.C.

6.                I have heard the learned counsel for the parties and perused the material available on record with their able assistance.

 

7.                Admittedly there is delay of 09 days in registration of FIR, which has not been properly explained, co-accused have already been admitted on pre-arrest bail by the trial court and the offence does not fall within prohibitory clause of section 497 Cr.P.C and grant of bail in these cases is a rule and refusal is an exception, however, strong reasons for refusal are required. Reliance is placed on the case of Tariq Bashir v. The State (PLD 1995 SC 34) and Sheikh Abdul Raheem v. The State and another (2021 SCMR 822).

8.                In view of the above coupled with no objection given by learned APG for the state, I am of the view that the applicants have made out the case for confirmation of pre-arrest bail. Accordingly, the interim pre-arrest bail already granted to the applicants / accused by this court vide order dated 21.02.2022, is hereby confirmed on same terms and conditions.

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

              Office is directed to place a signed copy of this order in the captioned connected bail application.

 

 

                                                                             JUDGE

 

 

Suleman Khan/PA