ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 404 of 2022.

Date of hearing

Order with signature of Judge

20.10.2022.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Muhammad Afzal Jagirani, Advocate for applicant.

            Mr. Bahadur Ali Shahani, Advocate files vakalatnama on behalf of complainant, which is taken on record.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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AMJAD ALI SAHITO, J: Through the instant application, applicants Asghar Ali alias Ali Asghar, Irfan alias Irfan Ali, Ghulam Mustafa, Ayaz alias Ayaz Ali, Akbar alias Ghulam Akbar, Shah Nawaz alias Shah Nawaz Ali and Himath Ali seek pre arrest bail in Crime No.36/2022, registered at P.S  Badeh (District Larkana), for offences under Sections 337-A (i), 337-A (ii), 337-F (i), 147, 148, 149, 506 (2) and 504 P.P.C.

2.         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.

3.         Learned Advocate for applicants, inter-alia, contends that applicants are innocent and they have been falsely implicated in the case by complainant due to malafide intention and previous enmity; that there is inordinate delay of four months in registration of the F.I.R; that there are general allegations against all the applicants except applicant Irfan; and that all the sections applied in F.I.R except Sections 337-A (ii) and 506 (2) P.P.C are bail-able, while Sections 337-A (ii) and 506 (2) P.P.C do not fall within prohibitory clause of Section 497 Cr.P.C. He further added that the applicants have already joined the trial and has been regularly attending the Court and they are no more required to police for the purpose of investigation. Lastly he prayed for confirmation of interim pre arrest bail to the applicants.

4.         On the other hand learned D.P.G. appearing for the State assisted by learned Advocate for complainant vehemently opposed the bail application. They contended that the applicants have been nominated in F.I.R with their respective role in the commission of the offence.

5.         Heard learned counsel for respective parties and perused the material available on record.

6.         It appears that, names of all the applicants are mentioned in the F.I.R that they have participated in the commission of alleged offence. The role assigned to applicant Asghar Ali is that of only instigation; while role of rest of applicants except applicant Irfan is that of general allegation, while applicant Irfan and co-accused Waheed and Ahmed Ali have been attributed role of causing “Danda” blows to son of complainant on his head and other parts of body. The ocular version gets support from medical evidence. The prosecution witnesses have fully supported the version of complainant in their statements recorded in terms of Section 161 Cr.P.C. Moreover, no malafides are alleged on the part of complainant or prosecution.

7.         From the tentative assessment of the material, prima-facie case of applicants except applicant Irfan falls within the ambit of further enquiry, as such interim pre arrest bail already granted to applicants Asghar Ali alias Ali Asghar, Ghulam Mustafa, Ayaz alias Ayaz Ali, Akbar alias Ghulam Akbar, Shah Nawaz alias Shah Nawaz Ali and Himath Ali is hereby confirmed on same terms and conditions, whereas interim pre arrest bail granted earlier to applicant Irfan is hereby re-called. 

                                                              Judge

Ansari