ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANO

Cr. Bail Application No.S- 379  of 2022

Applicant(s):                                     Tufail Ahmed @ Tufail Hussain Jiskani and others, through Mr.  Muhammad Afzal Jagirani, Advocate.

The Complainant:                            Through Mr. Ayaz Hussain Kalhoro, Advocate.

The State:                                          Through Mr. Shafi Muhammad Mahar, DPG .

Date of hearing:                     12.09.2022.

Date of order:                         12.09.2022.

ORDER

Naimatullah Phulpoto-J. Applicants/accused Tufail Ahmed alias Tufail Hussain, Imran alias Imran Ali and Guftar alias Guftar Ali seek pre arrest bail in Crime No.14/2022 registered at Police Station  Veehar, for offences punishable under sections 430, 506/2, 34 PPC. Previously, applicants/accused applied for the same relief before learned                    VI-Additional Sessions Judge, Larkana but the same was rejected by him vide order dated 26.7.2022. Hence, applicants/accused approached this court.

            Mr. Muhammad Afzal Jagirani, learned advocate for the applicants/accused contended that there is dispute between the parties over water course; that there was delay of 27 days in lodging of the FIR for which no plausible explanation has been furnished; that it is alleged that accused were armed with deadly weapons but the same were not used in the commission of offence; that alleged offences do not fall within the prohibitory clause of section 497 Cr.PC; that malafide on the part of complainant and police is apparent on the record. Lastly, it is submitted that one applicant/accused namely Tufail Ahmed alias Tufail Hussain is Government servant, there is no likelihood of his absconcion and it is prayed for grant of pre arrest bail.

            Mr. Shafi Muhammad Mahar, Deputy Prosecutor General recorded no objection for confirmation of the bail to the applicants/accused. However, Mr. Ayaz Hussain Kalhoro, advocate for the complainant opposed the pres-arrest bail on the ground that names of the applicants/accused transpire in the FIR and applicants /accused have dismentled the water courses and committed the alleged offence.

            I have carefully heard learned counsel for the parties and perused the record.

            I am inclined to grant pre arrest bail to the applicants/accused mainly for the reasons that there was delay of 27 days in lodging the FIR for which no plausible explanation has been furnished. It is case of prosecution that accused were armed with deadly weapons at the time of incident but the same were not used; the alleged offences do not fall within prohibitory clause of section 497 Cr.PC. It is also submitted that there is dispute between the parties over a water course and malafide is apparent on the record.  Applicant Tufail Ahmed alias Tufail Hussain is government servant and there is no likelihood that he will abscond away. Now a days, it is settled principle of law that while granting pre arrest bail merits of the case can also be considered as held in the case of an unreported judgment of Hon'ble Supreme Court in the case of Rana Muhammad Imran Nasrullah v. the State (Criminal Petition No: 358-L of 2022 dated 23.8.2022).     

            For the above stated reasons, a case for grant of pre-arrest bail is made out. Interim pre arrest bail already granted to the applicants/accused vide order dated 01.08.2022, is hereby confirmed on same terms and conditions.

            The observations made herein above are tentative in nature only for the purpose of deciding instant bail application, which shall not, in any manner, prejudice the case of either party before the trial court.

            The bail application stands disposed of.

                                                                                                            J U D G E

S.Ashfaq