ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 383 of 2022.

Date of hearing

Order with signature of Judge

17.10.2022.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Ashfaq Hussain Abro, Advocate for applicant.

            Mr. Muhammad Afzal Jagirani, Advocate for complainant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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AMJAD ALI SAHITO, J:  Through the instant application, applicants Shafqat Ali Bijarani and Muhammad Hashim alias Shahbaz seek post arrest bail in Crime No. 17/2022 registered at Police Station Tangwani, for offences punishable under Sections 395, 397, 506 (2) P.P.C. Prior to this, the applicants filed such application, but the same was turned down by learned 1^st Additional Sessions Judge, Kandhkot, vide order dated 29.07.2022, hence, they have filed instant bail applicant.

            The details and particulars of the F.I.R are already available in the bail application and F.I.R; same could be gathered from the cop of F.I.R attached with this bail application, hence, needs not to reproduce the same here.

            Learned counsel for the applicant submits that applicants are innocent and have falsely been implicated in this case; that total nine accused have been booked in this case; that the malafides and ulterior motives on the part of complainant are very much clear from the fact that he has involved entire family of the accused party in his case; that both the parties have registered cases agaisnt each other and the offences with which the applicants are charged do not fall within prohibitory clause of Section 497 Cr.P.C and that the maximum punishment provided for the offences alleged in F.I.R is only 5 and 3 years, respectively. Lastly he prayed for grant of bail.

            On the other hand learned counsel for complainant and learned D.P.G. vehemently opposed grant of bail. They contended that there are counter cases registered between the parties and in the case registered by applicant side, the accused are on bail.

            Heard and perused.

            Admittedly, both the parties have registered cases agaisnt each other, as such it would be determined at the time of trial when evidence will be record that which of the party is aggressor and which party is aggressed upon and the Sections applied in the F.I.R do not fall within prohibitory clause of Section 497 Cr.P.C. and grant of bail in such cases is rule and refusal is exception, but there appear no exceptional circumstances for refusal of bail. The case has been challaned and the applicants are in jail and their physical custody is no more required to police for further investigation. The applicants have succeeded to make out a case for bail. Accordingly, the bail application stands allowed and applicants/ accused are admitted to bail subject to their furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand rupees) each and P.R bonds in the like amount to the satisfaction of learned trial Court.

                                                       Judge

Ansari